ML20217E348

Memorandum & Order (Denying Motion for Reconsideration).* Applicant Request for Reconsideration of Establishment of Separate Licensing Board for Security Plan Matters Shall Be Denied.W/Certificate of Svc.Served on 980424

ML20217E348
Person / Time
Site:	07200022
Issue date:	04/23/1998
From:	Cotter B Atomic Safety and Licensing Board Panel
To:	External (Affiliation Not Assigned)
References
CON-#298-18981, CON-#298-18982 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, ISFSI-PSP, LBP-98-08, LBP-98-8, NUDOCS 9804270274
Download: ML20217E348 (8)

Text

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/rW/ p^ ~ 'ET .0 t i ,LBP- 9 8 - 8 UNITED STATES OF AMERICA ,d_ p~4.g NUCLEAR REGULATORY COMMISSION 'N '

ATOMIC SAFETY AND LICENSING BOARD PANEL -

s Before the Chief Administrative Jubg_.di l

B. Paul Cotter, Jr.

SERVED APR 2 4 Im In the Matter of Docket Nos. 72-22-ISFSI 72-22-ISFSI-PSP PRIVATE FUEL STORAGE, L.L.C. ASLBP Nos. 97-732-02-ISFSI 97-732-02-ISFSI-PSP (Independent Spent Fuel April 23, 1998 Storage Installation)

MEMORANDUM AND ORDER (Denying Motion for Reconsideration)

Applicant Private Fuel Storage, L.L.C. (PFS), has filed a motion, supported by the NRC staff, requesting reconsideration of the Chief Administrative Judge's March 26, 1998 notice creating a separate Atomic Safety and Licensing Board to consider and rule upon all matters concerning the physical security plan for PFS's proposed Skull Valley, Utah independent spent fuel storage installation. Egg 63 Fed. Reg. 15,900 (1998). For the 9804270274 900423 PDR ADOCK 07200022 C PDR p

reasons set forth below, PFS's motion for reconsideration is denied. l The long-standing authority of the Chief Administrative j I

Judge to establish two or more licensing boards to hear and l f

decide discrete portions of a proceeding so that the proceeding can be resolved in the most effective, efficient, and expeditious manner is well-established. The Chief Administrative Judge's authority in this regard previously has been upheld and the use of multiple boards specifically l approved. Public Service Co. of New Hamoshire (Seabrook l Station, Units 1 and 2), ALAB-916, 29 NRC 434, 438 (1989);

I agg Long Island Liahting Co. (shoreham Nuclear Power Station, Unit 1), ALAB-902, 28 NRC 423, 430 & n.11, petition for review denied as moot, CLI-88-11, 28 NRC 603 (1988);

l Lona Island Lightina Co. (Shoreham Nuclear Power Station, Unit 1); ALAB-901, 28 NRC 302, 306-08, petition for review denied, CLI-88-11, 28 NRC 603 (1988). Further, the exercise of the Chief Administrative Judge's authority to establish multiple boards is subject to review only for an abuse of i

Egg Shoreham, ALAB-901, 28 NRC at 307. Here, discretion.  !

PSF does not even suggest, much less demonstrate, that the 1

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i I

l establishment of a second licensing board in this proceeding I L was an abuse of discretion.

PFS also argues that, regardless of the Chief Administrative Judge's authority to establish multiple boards in the same proceeding, the Chief Judge has no i

authority to terminate the jurisdiction of a duly established board over any aspect of the proceeding once that initial board is created. PFS's argument is meritless.

Any. time that a second board is created subsequently to hear and decide a portion of the proceeding, the jurisdiction of t

the initial board as to those matters assigned to the second ]

board necessarily is terminated as to the matters assigned to the second board. Sag Seabrook, ALAB-916, supra, 29 NRC l

at 437-38. Indeed, as even PFS apparently concedes, there appears never to have been an instance in which multiple boards were established simultaneously at the outset of a I

proceeding; hence the authority to terminate a portion of j the initial board's jurisdiction is inherent in the Chief ]

Administrative Judge's already-recognized authority to l l

establish multiple boards. )

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Finally, and contrary to PFS's assertions, it is the judgment of the Chief Administrative Judge that the Panel's docket can be most effectively managed and that this l

proceeding can be more efficiently and expeditiously l i

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resolved by establishing a second licensing board to hear i

and decide any issues concerning the PFS physical security plan.

For all the foregoing reasons, it is this 23rd day of April 1998 ORDERED I

That Applicant's Request for Reconsideration of Establishment of a Separate Licensing Board for Security Plan Matters shall be, and it hereby is, denied.*

l f

A l

B. PaulCotter[,fr.

CHIEF ADMINISTRATIVE JUDGE l

Rockville, Maryland

' Copies of this memorandum and order were sent this date to counsel for the parties by Internet e-mail transmission; and to counsel for the NRC Staff by e-mail through the agency's wide area network system.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI (Independent Spent Fuel Storage Installation)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB'M&O (LBP-98-8) DENYING MOT.

have been served upon the following persons by U.S. mail, first class, except l as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712. {

Administrative Judge l Office of Commission Appellate G. Paul Bollwerk, III, Chairman 1 Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission . Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline Peter S. Lam Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq.

Catherine L. Marco, Esq. Diane Curran, Esq.

Office of the General Counsel Harmon, Curran, Spielberg & Eisenberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, DC 20555 Martin S. Kaufman, Esq. Joro Walker, Esq.

Atlantic Legal Foundation Land and Water Fund of the Rockies  ;

205 E. 42nd St. 165' South Main, suite 1 New York, NY 10017 Salt Lake City, UT 84111

Docket No.(s)72-22-ISFSI LB M&O (LBP-98-8) DENYING MOT.

l l

Denise Chancellor, Esq. I i

Assistant Attorney General Jay E. Silberg, Esq.

l Utah Attorney General's Office Shaw, Pittman, Potts and Trowbridge i

160 East 300 South, 5th Floor 2300 N Street, NW P.O. Box 140873 Washington, DC 20037 Salt Lake City, UT 84114 John Paul Kennedy, Esq. Clayton J. Parr, Esq.

l Castle Rock, et al.

Confederated Tribes of the Goshute Reservation and David Pete Parr, Waddoups, Brown, Gee & Loveless 1385 Yale Avenue 185 South State Street, Suite 1300 i Salt Lake City, UT 84105 Salt Lake City, UT 84111 l Danny Quintana, Esq. Richard Wilson Skull Valley Band of Goshute Indians Department of Physics Danny Quintana & Assocs., P.C. Harvard University 50 West Broadway, Fourth Floor Cambridge, MA 02138 Salt Lake City, UT 84101 i

Dated at Rockville, Md. this

24 day of April 1998 OffigoftheNcretaryoftheCommission l

l l

l

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI-PSP (Physical Security Plan)

CERTIFICATE OF SERVICE I-hereby certify that copies of the foregoing LB M&O (LBP-98-8) DENYING MOT.

have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sac. 2.712.

Administrative Judge Office of Comission Appellate Thomas S. Moore, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Administrative Judge Administrative Judgc Frederick J. Shon Richard F. Cole Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq.

Catherine L. Marco, Esq. Diane Curran, Esq.

Office of the General Counsel Harmon, curran, Spielberg & Eisenbe.g Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Comission Washington, DC 20009 Washington, DC 20555 Martin S. Kaufman, Esq. Joro Walker, Esq.

Atlantic Legal Foundation Land and Water Fund of the Rockies 205 E. 42nd St. 165 South Main, Suite 1 New York, NY 10017 Salt Lake City, UT 84111

Docket No.(s)72-22-ISFSI-PSP LB M&O (LBP-98-8) DENYING MOT.

Denise Chancellor, Esq.

Assistant Attorney General Jay E. Silberg, Esq.

Utah Attorney General's Office Shaw, Pittman, Potts and Trowbridge 160 East 300 South, 5th Floor 2300 N Street, NW P.O. Box 140873 Washington, DC 20037 Salt Lake City, UT 84114 John Paul Kennedy, Esq. Clayton J. Parr, Esq.

Confederated Tribes of the Goshute Castle Rock, et al.

Reservation and David Pete Parr, Waddoups, Brown, Gee & Loveless 1385 Yale Avenue 185 South State Street, Suite 1300 Salt Lake City, UT 84105 Salt Lake City, UT 84111 Danny Quintana, Esq. Richard Wilson Skull Valley Band of Goshute Indians Department of Physics Danny Quintana & Assocs., P.C. Harvard University 50 West Broadway, Fourth Floor Cambridge, MA 02138 Salt Lake City, UT 84101 Dated at Rockville, Md. this 24 day of April 1998 Offied of the Secretary of the Commissf5n

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