ML20217Q061

Memorandum & Order (Initial Prehearing Order).* Prehearing Conference in PSP Portion of ISFSI Proceeding Scheduled for 980617,to Hear Argument on Admissibility of State of Utah PSP Contentions.W/Certificate of Svc.Served on 980506

ML20217Q061
Person / Time
Site:	07200022
Issue date:	05/06/1998
From:	Cole R, Moore T, Shon F Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC), UTAH, STATE OF
References
CON-#298-19030 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI-PSP, NUDOCS 9805070186
Download: ML20217Q061 (5)

Text

_ - - - _ - --_

/90N e

DOCKETED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'96 MAY -6 P12 :25 ATOMIC SAFETY AND LICENSING BOARD OFFICF OF GCCE ,Hy Before Administrative Judges: RUi 9/ W!> N ADJUD;L m. ~aFF Thomas S. Moore, Chairman Richard F. Cole Frederick J. Shon SERVED Ney-6199g Docket Nos. 72-22-ISFSI-PSP In the Matter of PRIVATE FUEL STORAGE, L.L.C. ASLBP Nos. 97-732-02-ISFSI-PSP (Independent Spent Fuel Storage Installation) May 6, 1998 Memorandum and Order (Initial Prehearing Order)

On March 26, 1998, the Chief Administrative Judge established a second Licensing Board to consider and rule upon all matters concerning the physical security plan (PSP) in the ongoing proceeding on the application of Private Fuel Storage, L.L.C., for a license under 10 C.F.R. Part 72 to possess and store spent nuclear reactor fuel in an independent spent fuel storage installation (ISFSI). Egg 63 Fed. Reg. 15,900 (1998).

Thereafter, on April 6, 1998, the Applicant requested that the Chief Administrative Judge reconsider his decision to establish a 4

second Licensing Board. The Applicant's reconsideration motion 9905070196 990506 PDR ADOCK 07200022 C PDR ghOp

I 8

l l

[ 'was denied by the Chief Administrative Judge on April 23, 1998, i

j.

-San LBP-98-3, 47 NRC __ (1998).

On April 22, 1998 the initial Licensing Board-in the ISFSI l proceeding issued a Memorandum and Order ruling that, inter alia, the State of Utah had standing to intervene in the proceeding and,-because it had filed at least one admissible contention, the State was admitted as a party to the proceeding. (Egg LBP-98-7, f

47 NRC __, __ (slip op. at 26, 166 (Apr. 22, 1998)). The. Board finds no reason to revisit that ruling with respect to the State

! of Utah. Further, tb7 initial Licensing Board granted only the i

State of Utah access to the. Applicant's physical security plan

and only the State has proffered any security plan contentions.1 )

i 1

l Therefore, for the PSP portion of the ISFSI proceeding there are three parties: the Applicant, the NRC Staff, and the State of Utah.

! The Board will serve this Order and all subsequent ones only l

on counsel for these three parties. Similarly, in addition to filing with the Office of the Secretary pursuant to 10 C.F.R.

S 2.708, these three parties need only serve pleadings relating to the PSP portion of the proceeding on each other and each of

' Petitioner ohngo Gaudadeh Devia initially submitted a physical security plan contention that it subsequently withdrew.

~

Sag LBP-98-7, 47 NRC at __ (slip op, at 134).

i I

L.

4 w

l the members of the Licensing Board.

Moreover, each party's-filings in the physical security plan portion of the ISFSI proceeding shall carry the " PSP" designation as part of the docket number in the same manner as the caption to this Memorandum and Order.

A party shall serve conforming copies of all filings that do not contain protected information under 10 C.F.R. Part 73 on members of the PSP Licensing Board and counsel for the other parties as set forth in the initial Licensing Board's September 23, 1997 Memorandum and Order paragraph II.B. The e-mail addresses of the PSP Board members are as follows: (1) Internet ids - tsm2@nrc. gov, rfcl@nrc. gov, and fjs@nrc. gov; and (2) NRC l Agency Upgrade of Technology for Office Systems (AUTOS)_ Wide Area Network (WAN) System ids - TSM2, RFC1, and FJS. The provisions contained in paragraphs II.C. and D., of that Memorandum and Order also are fully applicable to the psp portion of the l

. proceeding.

With respect to the conduct of this proceeding and pleadings l

containing protected information, all the provisions of Part I, entitled " Disclosure and Use of Protected Information," and Appendix A, entitled " Nondisclosure Affidavit," of the initial j' Licensing Board's December 17, 1997 Memorandum and Order, as l

e

-4 -

l amended by the initial Licensing Board's December 23, 1997, l

l Memorandum and Order, are applicable to the PSP portion of the ISFSI proceeding. Finally, the State of Utah's physical security contentions and all parties' pleadings relating to those contentions, including all nondisclosure affidavits, previously i

filed with the initial Licensing Board are deemed to have been filed with the PSP Licensing Board.

Because some counsel in the ISFSI proceeding may not be

-participating in the PSP portion of the proceeding, counsel for each party shall file.by Friday, May 15, 1998, a notice of l

l appearance complying with the requirements of 10 C.F.R. 9-L

2. 713 (b) . Each appearance notice shall include counsel's

!' facsimile number and an Internet e-mail address so that the Licensing Board may compile a current electronic service list for

-the PSP portion of the proceeding. The Applicant'shall also submit to the Licensing Board a complete copy of its physical security plan by Friday, May 15, 1998.

Although the Board had hoped to hold a prehearing conference either immediately before, or the day after, the initial i

Licensing Board's scheduled prehearing conference on May 19, 1998, counsel to the Licensing Board Panel has ascertained from discussions with the parties' attorneys that counsel for the i

I

4 5.-

l' State of-Utah-is unavailable 1at either of those times. All l counsel have indicated, however, that they are available for a-prehearing conference on June l17, 1998. Accordingly, there will L be'a.prehearing conference in the PSP portion of the ISTSI proceeding at 9:00 a.m., Wednesday, June 17, 1998, to hear argument on the admissibility of the State of Utah's proffered

' physical security plan ~ contentions. Because the conference will deal with protected information under 10 C.F.R. Part 73,-the l

prehearing will be closed to the public and will be held in the

]

Licensing Board-Panel's' third floor hearing room, Room-T3-B45, l

l Two White Flint North,'11545'Rockville Pike, Rockville, Maryland. I

It is so ORDERED.

THE ATOMIC SAFETY AND  :

LICENSING BOARD 8-I /JLw (%

Thomas S. Moore, Chairman ADMINISTRATIVE JUDGE r

~

~

YY l Richard F. Cole ADMINISTRATIVE JUDGE l

M

=

Frederick J. n ADMINISTRATIV UDGE L Rockville,; Maryland

-May,6,;1998

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

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB M&O-INIT'L PREHEARING ORDER 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 Corraission Appellate Thomas S. Moore, Chairman 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 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 Commission Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq. Denise Chancellor, Esq.

Catherine L. Marco, Esq. Assistant Attorney General Office of the General Counsel Utah Attorney General's Office Mail Stop 15 B18 160 East 300 South, 5th Floor U.S. Nuclear Regulatory Commission P.O. Box 140873 Washington, DC 20555 Salt Lake City, UT 84114 Jay E. Silberg, Esq.

Shaw, Pittman, Potts and Trowbridge 2300 N Street, NW Washington, DC 20037 l

l Dated at Rockville, Md. this C day of May 1998 -

Office of the Secretary of the Cofrimission l

)