ML20217K994

Order (Granting Motions to Extend Time for Filing Reconsideration Motions & Joint Status Rept & to Exceed Page Limitation).* Staff 980501 Motion & Licensee & State 980429 Motions Granted.W/Certificate of Svc.Served on 980501

ML20217K994
Person / Time
Site:	07200022
Issue date:	05/01/1998
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC), UTAH, STATE OF
References
CON-#298-19008 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, LBP-98-07, LBP-98-7, NUDOCS 9805040241
Download: ML20217K994 (7)

Text

6 DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD W MAY -1 P2 :36 Before Administrative Judges.:

OFFle OF SECLg ,jy Paul Bollwerk, III, Chairman RULUv% KIN 1 G. ,

Dr. Jerry R. Kline ADJUDCA 6 " av'STAhF Dr. Peter S. Lam SERVED NAt-! M6 In the Matter of Docket No. 72-22-ISFSI PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel May 1, 1998 Storage Installation) l l ORDER l (Granting Motions to Extend Time

! for Filing Reconsideration Motions and Joint Status Report and <

to Exceed Page Limitation)

Upon consideration of (1) the April 29, 1998 motions of j

applicant Private Fuel Storage, L.L.C. (PFS), and intervenor State of Utah (State) to exceed the Licensing Board's l

ten-page limit on motions by ten pages in connection with possible requests for reconsideration of the Board's l

April 22, 1998 memorandum and order, LBP-98-7, 47 NRC (Apr. 22, 1998), and (2) the NRC staff's May 1, 1998 motion for adjustment of the filing schedule for reconsideration j motions and the joint status report established in that 1

issuance, see id. at , (slip op. at 162-64, 169), )

l and there being no apparent opposition thereto,2 it is I 1 Both the PFS and State motions to exceed the page  !

(continued...)

9905040241 980501 PDR ADOCK 07200022 OM '

PDR l

d i- ORDERED, that the May 1, 1998 staff motion is oranted in that any motions for reconsideration of LBP-98-7 shall be filed on or before Wednesday, May 6, 1998; and it is FURTHER ORDERED, that the April 29, 1998 PFS and State motions'to exceed the ten-page limit are granted in that any motion for reconsideration filed by these parties may be up to and including twenty pages in length.

The Board advises the parties of the following preliminary schedule relative to reconsideration motion responses and the joint status report:

Wednesday, May 13, 1998 -- Reconsideration Motion Responses (each party to file a single consolidated response)

Friday. May 15, 1998 -- Joint Status Report 2

(... continued) limit indicate there was no objection to their requests from the parties they were able to contact. They also reflect unsuccessful attempts to contact at least one other party to ascertain its position on their respective motions. In accordance with our February 2, 1998 issuance, sgg Licensing Board Memorandum and Order (Memorializing Initial Prehearing Conference Directives) (Feb. 2, 1998) at 4-5, having heard nothing from these parties by close of the next business day after the State and PFS motions were filed, we will assume these parties do not intend to oppose the motions.

With respect to the staff's motion to extend the deadline for filing reconsideration motions and the joint status report, it was unable to contact one party to ascertain its position. We nonetheless will act on the motion because, in this instance, we are unable to envision any prejudice to that intervenor in light of our determination to extend the filing deadline for all parties.

2 This deadline extension includes the time for filing the issues designation pleading of the Skull Valley Band of (continued...) ,

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ORDERED, that the May 1, 1998 staff motion is oranted in that any motions for reconsideration of LEP-98-7 shall be filed on or before Wednesday, May 6, 1998; and it is FURTHER ORDERED, that the April 29, 1998'PFS and State motions to exceed the ten-page limit are aranted in that any motion for reconsideration filed by these parties may be up to and including twenty pages in length.

The Board advises the parties of the following preliminary schedule relative to reconsideration motion responses and the joint status report:

Wednesday, May 13, 1998 -- Reconsideration <ction Responses (each party to file a single conaalidated response)

)

Friday. May 15, 1998 - Joint Status Report 2

(... continued) limit indicate there was no objection to their requests from the parties they were able to contact, They also reflect unsuccessful attempts to contact at least one other party to ascertain its position on their respective motions. In 1998 issuance, sgg Licensing accordance with our February 2, Board Memorandum and Order (Memorializing Initial Prehearing Conference Directives) (Feb. 2, 1998) at 4-5, having heard nothing from these parties by close of the next business day after the State and PFS motions were filed, we will assume these parties do not intend to oppose the motions.

With respect to the staff's motion to extend the deadline for filing reconsideration motions and the joint status report, it was unable to contact one party to ascertain its position. We nonetheless will act on the motion-because, in this instance, we are unable to envision any prejudice to that intervenor in light of our l determination to extend the filing deadline for all parties.

2 This deadline extension includes the time for filing the issues designation pleading of the Skull Valley Band of.)

(continued.

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Upon receipt of the reconsideration motions, the Board will establish (1) a final schedule'for responsive filings and

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l the joint status report, and (2)- a page . limitation for party

! consolidated reconsideration motion responses.

I As with the joint status report, agg LBP-98-7, 47 NRC at _ (slip op. at 165), reconsideration motions and responses should be served on'the Board, the Office of the Secretary, and counsel for the other parties by e-mail, facsimile transmission, or other means that will ensure receipt by close of business (4 :30 p.m. EDT) on the day of

. filing.

The prehearing conference remains scheduled for ..

Tuesday. May 19, 1998, at the Rockville, Maryland and Salt i

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. Lake City, Utah locations specified in LBP-98-7, 47 NRC at __

i L (slip op. at 164). The Board has not yet heard from the Skull Valley Band of Goshute Indians (Skull Valley Band),

Ohngo Gaudadeh Devia (OGD), and the Confederated Tribes of

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the Goshute Reservation (Confederated Tribes) as to whether

! they intend-to participate in person in Rockville or by

.teleconference from Salt Lake City. They should advise the Board of their intentions immediately.

Finally, with regard to future requests to exceed the ten-page limit on motions, as well as requests to file 2 ( . . .. continued)

Goshute Indians and any requests for revision of lead party Egg LBP-98-7, 47 NRC at (slip op.

designations.

at'163).

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motion replies, agg 10 C.F.R. S 2.730(c), as with time extension motions, ggg id. 5 2.711, a party should make a

. showing of good cause in support of its motion.

FOR THE ATOMIC SAFETY 3 AND LICENSING BOARD

-le .~$ll -

, O .

G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland May 1, 1998 2

Copies of-this order were sent this date to counsel for applicant PFS, and to counsel for intervenors Skull Valley' Band, Scientists for. Secure Waste Storage, OGD,L.C.,

Confederated Tribes, Castle Rock Land and Livestock, et al., and-the State by Internet e-mail. transmission; and to counsel for the staff by e-mail through the agency's wide area. network system.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i

In the Matter'of PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI (Independent Spent Fuel Storage Installation)

CERTIFICATE OF SERVICE l

l' I hereby certify that copies of the foregoing LB ORDER GRANTING MOTIONS...

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 Sec.'2.712.

Administrative Judge Office of Commission Appellate G. Paul bollwerk, III, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washingt'.n, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline Peter S. Las 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 Geners Counsel Harmon, curran, Spielberg & Eisenberg

. Mail Stop 15 B18- 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 20009 Washingt:n, 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 f

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Docket No.(s)72-22-ISFSI j LB ORDER GRANTING MOTIONS...

i 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 l P.O. Box 140873 Washington, DC 20037 Salt Lake City, UT. 84114 l

l 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 1

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i Dated at Rockville, Md. this '

1 day of May 1998 Off' ce of the Secretary of the Commission J \

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