ML20216G539

NRC Staff Response to Memorandum & Order (Request for Info Re Contentions Involving Proprietary & Safeguards Matl) Dated 980309.* Staff Has No Objection to Publication of Wording of Contention Security A-1.W/Certificate of Svc

ML20216G539
Person / Time
Site:	07200022
Issue date:	03/18/1998
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#198-18889 ISFSI, NUDOCS 9803200017
Download: ML20216G539 (4)

Text

. $$ff H. 00CKETED f USNMPrch 18,1998 i

UNITED STATES OF AMERICA W ttAR 19 A9 59 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSIMbNR l h A U J0 D E M K "' TMF In the Matter of )

)

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

l (Independent Spent )

i Fuel Storage Installation) )

NRC STAFF'S RESPONSE TO MEMORANDUM AND ORDER (REQUEST FOR INFORMATION REGARDING CONTENTIONS

INVOLVING PROPRIETARY AND SAFEGUARDS MATERIAL)

DATED MARCH 9.1998 In accordance with the Licensing Board's request, in Paragraph B of its " Memorandum and Order (Request for Information Regarding Contentions Involving Proprietary and Safeguards Material)"

i (" Order"), dated March 9,1998 (at 3), the NRC Staff (" Staff") hereby wishes to inform the Licensing Board that it does not object to publication of the wording of Utah Contentions Security A through Security I. This conclusion is based upon the Staff's determination that the wording of these contentions l

! does not contain safeguards information. Counsel for Private Fuel Storage L.L.C. and for the S: ate of Utah have authorized the Staff to state that they do not object to this determination.'

In addition, as rec,uested in Paragraph "C" of the Licensing Board's Order (at 3), the Staff is

! transmitting to the Licensing Board Chairman herewith, a diskette containing the following documents:

(I) "NRC Staff's Response to State of Utah's Request for Consideration of Late-Filed Contention GG," dated January 20,1998; and l

l I

' The Staff notes that it does not object to publication of the wording of Utah Contentions EE and GG, based upon Counsel for PFS' representation that Holtec International and Sierra Nuclear Corp.,

the owners of the protected information in question, have stated that they do not object to publication of the wording of those contentions.

l 9803200017 980318 PDR ADOCK 07200022

)fo1 l

C- PDR '

b (2) "NRC Staffs Response to ' State of Utah's Reply to the NRC Staff's and Applicant's Responses to State of Utah's Contentions EE and GG, and Notice of Withdrawal of Contention FF,'" dated February 23,1998.

The Staff notes that a further document concerning these contentions, entitled "NRC Staffs Reeponse to State of Utah's Request for CmNon of Late-Filed Contentions EE and FF," dated January 9,1998, t

was served by E-mail and is not included in the enclosed diskette. In addition, on January 20,1998, the Staff transmitted to the Licensing Board a diskette containing the "NRC Staff's Response to State of Utah's Security Plan Contentions," dated January 20, 1998; accordingly, a diskette containing that documen; is not being transmitted to the Licensing Board at this time.

Respectfully submitted, I b Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 18th day of March 1998

UNITED STATES OF AMERICA DOCKETED d,

NUCLEAR REGULATORY COMMISSION USNRC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD j In the Matter of ) 116 MAR 19 A9:59

)

PRIVATE FUEL STORAGE L.L.C. ) Docket No. 72DF2-ISFSIF SEC .,,m

) RULH M N 'i M D (Independent Spent ADJUDrME9i GTAf;F

)

Fuel Storage Installation) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO MEMORANDUM AND ORDER (REQUEST FOR INFORMATION REGARDING CONTENTIONS INVOLVING PROPRIETARY AND SAFEGUARDS MATERIAL) DATED MARCH 9,1998" 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 United States mail, first class, as indicated by an asterisk, with copies by electronic mail as indicated, this 18th day of March,1998:

G. Paul Bollwerk, III, Chairman Office of the Secretary Administrative Judge ATTN: Rulemakings and Adjudications Atomic Safety and Licensing Board Staff U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 (E-mail copy to GPB@NRC. GOV)

Office of the Commission Appellate Dr. Jerry R. Kline Adjudication Administrative Judge Mail Stop: I6-G-15 OWFN Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 (E-mail copy to JRK2@NRC. GOV) James M. Cutchin, V Atomic Safety and Licensing Board Dr. Peter S. Lam U.S. Nuclear Regulatory Commission Administrative Judge Washington, DC 20555 Atomic Safety and Licensing Board (by E-mail to JMC3@NRC. GOV)

U.S. Nuclear Regulatory Commission Washington, DC 20555 Jay E. Silberg, Esq.*

(E-mail copy to PSI.4NRC. GOV) SHAW, PITTMAN, POTTS &

TROWBRIDGE Atomic Safety and Licensing Board 2300 N Street, N.W.

Panel Washington, DC 20037-8007 U.S. Nuclear Regulatory Commission (E-mail copy to jay _silberg Washington, DC 20555 @shawpittman.com)

e 4

Danny Quintana, Esq.* Clayton J. Parr, Esq.*

Danny Quintana & Associates, P.C. PARR, WADDOUPS, BROWN, GEE 50 West Broadway & LOVELESS Fourth Floor 185 S. State St., Suite 1300 Salt Lake City, UT 84101 P.O. Box 11019 (E-mail copy to quintana Salt Lake City, UT 84147-0019

@Xmission.com) (E-mail copy to karenj@pwlaw.com)

Denise Chancellor, Esq.* John Paul Kennedy, Sr., Esq.*

Fred G. Nelson, Esq. 1385 Yale Ave.

Utah Attorney Gene.al's Office Salt Lake City, UT 84105 160 East 300 South,5th Floor (E mail copy to john @kennedys.org)

P.O. Box 140873 Salt lake City, UT 84114-0873 Professor Richard Wilson *

(E-mail copy to dchancel@ State.UT.US) Depanment of Physics Harvard University Connie Nakahara, Esq.* , Cambridge, MA 02138 Utah Dep't of Environmental Quality (E-mail copy to 168 North 1950 West wilson @huhepl. harvard.edu)

P. O. Box 144810 Salt Lake City, UT 84114-4810 Martin S. Kaufman, Esq.*

(E-mail copy to enakahar@ state.UT.US) Atlantic legal Foundation 205 E. 42nd Street, Diane Curran, Esq.* New York, NY 10017 Harmon, Curran, Spielberg & Eisenberg (E-mail copy to 2001 S Street, N.W., Suite 430 mskaufman@ yahoo.com)

Washington, D.C. 20009 (E-mail copy to DCurran.HCSE@zzapp.org)

Jean Belille, Esq.* .

Iand and Water Fund of the Rockies i 2260 Baseline Road, Suite 200 Boulder, CO 80302 ,

(E-mail copy to landwater@lawfund.org) vb l Sherwin E. Turk Counsel for NRC Staff

,