ML20217L854

State of Utah Motion for Leave to Reply to Applicant & Staff Responses to State of Utah Request for Admission of late- Filed Amended Utah Contention V.* NRC Staff Do Not Oppose Motion.With Certificate of Svc

ML20217L854
Person / Time
Site:	07200022
Issue date:	10/21/1999
From:	Chancellor D UTAH, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#499-20925 97-732-02-ISFSI, ISFSI, NUDOCS 9910270088
Download: ML20217L854 (4)

Text

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DOCKETED U$t!RC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION' OCT 26 P3 :20

- BEFORE THE ATOMIC SAFETY AND LICENSING BOARD j

Or?:

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,[t 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) L

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October 21,1999 STATE OF UTAH'S MOTION FOR LEAVE TO REPLY TO APPLICANT'S AND STAFF'S RESPONSES TO STATE OF UTAH'S REQUEST FOR ADMISSION OF LATE FILED AMENDED UTAH CONTENTION V The State of Utah hereby moves for leave to reply to the Applicant's and NRC

. Staff's responses to State of Utah's Request for Admission of Late-filed Amended Utah Contentio'n V. The State's Request was filed on October 4,1999. The NRC Staff and l

the Applicant filed responses to the State's Contentions on October 18,1999. The State seeks leave to file a reply in order to respond to various argumente made by the i

' Applicant and the Staff that Amended Utah Contention V lacks a legal or factual basis l-and does not satisfy the Commission's criteria for late-filing. It is important that the

^ State be allowed to respond in order to provide the Licensing Board with a complete record upon which to decide whether to admit the contention.

Pursuant to Board's Memorandum and Order of February 2,1998 (Memorializing Initial Prthearing Conference Directives), a reply by the State would be due within ten days of t'c date the Staff and Applicant filed their responses. Order 991'0270088'991021 PDR ADOCK 07200022 C

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't at 4, n. 3. If granted leave, the State intends to file its reply on or before Thu y,

October 28,1999.

The State would limit its reply to ten pages or fewer Counsel for the Applicant and the NRC Staff do not oppose this Motion DATED this 21st day of October,1999.

Respectfully submitted, Y

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2AAA Devise Chancellor, Assistant Attorney General Fred G Nelson, Assistant Attorney General Diane Curran, Special Assistant Attorney General Connie Nakahara, Special Assistant Attorney General Attorneys for State of Utah Utah Attorney General's Office 160 East 300 South,5th Floor, P.O. Box 140873 Salt Lake City, UT 84114-0873 Telephone: (801) 366-0286, Fax: (801) 366-0292 2

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..w at 4, n. 3. If granted leave, the State intends to file its reply on or before Thursday, October 28,'1999.- The State would limit its reply to ten pages or fewer.

I Counsel for the Applicant and the NRC Staff do not oppose this Motion.

DATED this' 21st day.of October,1999.

Respectfully submitted, Y

2And DeMse Chancellor, Assistant Attorney General

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Fred G Nelson, Assistant Attorney General Diane Curran, Special Arsistant Attorney General Connie Nakahara, Special Assistant Attorney General Attorneys for State of Utah Utah Attorney General's Office 160 East 300 South,5th Floor, P.O. Box 140873 Salt Lake City, UT 84114-0873 Telephone:- (801) 366-0286, Fax: (801) 366-0292 l

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T 00CKETED USHRC CERTIFICATE OF SFRVICE GCT 26 P3 :20 oo l

I hereby certify that a copy of STATE OF UTAH'S MOTION FOR LEAVE L

TO REPLY TO APPLICANT'S AND STAFF'S RESPONSES TO STAi$ OF' nx

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ADJUp

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- UTAH'S REQUEST FOR ADMISSION OF LATE-FILED AMENDED UTAH CONTENTION V was served on the persons listed bele,w by electronic mail (unles; i

otherwise noted) _with conforming copies by United States mail first class, this 21" day of October,1999:

Rulemaking & Adjudication Staff Dr. Peter S. Lam Secretary of the Commission Administrative Judge U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington D.C. 20555 -

U. S. Nuclear Regulatory Commission E-mail: hearingdocket@nrc. gov Washington, DC 20555 (originaland two copies)

E-Mail psl@nrc. gov G. Paul Bollwerk, III, Chairman Sherwin E. Turk, Esq.

AdministrativeJudge Catherine L. Marco, Esq.

Atomic Safety and Licensing Board Office of the General Counsel

' U. S. Nuclear Regulatory Commission Mail Stop 15 B18 Washington, DC 20555_

U.S. Nuclear Regulatory Commission E-Mail: gpb@nrc. gov

- Washington, DC 20555 i

E-Mail: set @nrc. gov Dr. Jerry R. Kline E-Mail: cim@nrc. gov L

AdministrativeJudge E Mail: pfscase@nrc. gov Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Jay E. Silberg, Esq..

Washington, DC 20555 -

Ernest L. Blake,Jr.

E-Mail: jrk2@nrc. gov Shaw, Pittman, Potts & Trowbridge E-Mail: kjerry@erols.com 2300 N Street, N. W.

Washington, DC 20037-8007 E-Mail: Jay _Silberg@shawpittman.com E-Mail: ernest _blake@shawpittman.com E-Mail: paul _gaukler@shawpittman.com I

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John Paul Kennedy, Sr., Esq.'

James M. Cutchin

'1385 Yale Avenue' Atomic Safety and Licensing Board Salt Lake City, Utah 84105 -

Panel E-Mail: john @kennedys.o:g -

U.S. Nuclear Regulatory Commission i. Washington, D.C. 20555-0001 Joro Walker, Esq.

E Mail: jmc3@nrc. gov Land and Water Fund of the Rockies (electronic copy only)

- 2056 East 3300 South Street, Suite 1 Salt Lake City,- Utah 84109 '

Office of the Commission Appellate

. E-Mail: joro61@inconnect.com Adjudication Mail Stop: 16-G-15 OWFN Danny Quintana, Esq.

U. S. Nuclear Regulatory Commission Dann'y Quintana & Associates, P.C.

Washington, DC 20555 68 South Main Street, Suite 600 (United States mailonly)

Salt Lake City, Utah 84101 E-Mail:' quintana @xmission.com

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Laufa Lockharf Assistant Attorney General State of Utah,

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