ML20217R251

Memorandum & Order (Schedule for Reconsideration Motion Responses & Joint Status Rept).* Adopts Listed Schedule for Reconsideration Motions & Joint Status Rept.W/Certificate of Svc.Served on 980508

ML20217R251
Person / Time
Site:	07200022
Issue date:	05/08/1998
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED
References
CON-#298-19042 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9805140228
Download: ML20217R251 (5)

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2 lff(7 UNITED STATES OF AMERICA TED NUCLEAR REGULATORY COMMISSION USNRC ATOMIC SAFETY AND LICENSING BOARD g ggy _g p j ;$g Before Administrative Judges:

OFFICE. Oc SEC2 ,W

! G. Paul Bollwerk, III, Chairman RULEMAKNCC No Dr. Jerry R. Kline ADJUDE ... , TdF Dr. Peter S. Lam ,

SERVED WY. .8 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 8, 1998 Storage Installation) l MEMORANDUM AND ORDER (Schedule for Reconsideration Motion Responses and Joint Status Report)

In its May 1, 1998 order, the Board outlined a preliminary +edule relative to reconsideration motion responses and the joint status report required under LBP-98-7, 47 NRC , (slip op. at 162-63) (Apr. 22, 1998). After reviewing the four reconsideration requests filed, the Board asked the NRC staff, which previously filed an unopposed motion for extension of time for filing reconsideration requests, as a courtesy to the Board to poll the parties on whether they would be available for the scheduled May 19, 1998 prehearing conference on either of two alternative dates later that same week. The Board advised the staff that agreement on one of these dates would then permit a short extension of the tentative filing da.es for reconsideration responses and the joint status report.

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l Th( staff has reported back to the Board that no agreement ccald be reached on the alternative dates.

Accordingly, the Board adopts the following schedule for reconsideration motion responses and the joint status report:

Wednesday, May 13, 1998 -- Reconsideration Motion Responses (each party to file a single consolidated response not to exceed forty pages in length)

Fridav, May 15, 1998 -- Joint Status Report The prehearing conference remains scheduled for Tuesday, May 19. 1998, at 1:00 p.m. EDT (11:00 a.m. MDT) in the Rockville, Maryland and Salt Lake City, Utah locations specified in LBP-98-7, 47 NRC at (slip op. at 164). The Board still has not heard from the Skull Valley Band of Goshute Indians as to whether it intends to participate in person in Rockville or by teleconference from Salt Lake City. The Board assumes it will be represented at one of these two locations. l Relative to their reconsideration motion responses, the parties should be aware of a typographical error on slip opinion page fifty-eight of LBP-98-7. In the sixth line from the top of the page, the reference to "Part 72" should read "Part 71". This and other corrections to LBP-98-7, as 1

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This deadline includes the time for filing the issues designation pleading of the Skull Valley Band of Goshute Indians and any requests for revision of lead party designations. See LBP-98-7, 47 NRC at (slip op, at 163) l

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well as corrections to the January 27-29, _998 revised hearing transcripts, will be incorporated in an order to be issued by the Board in the near future.

The filings required or permitted under this memorandum and order should be served on the Board, the Office of the Secretary, and counsel for the other participants by facsimile transmission, e-mail, or other means that will ensure receipt by close of business (4:30 p.m. EDT) on the day of filing. See Licensing Board Memorandum and Order (Initial Prehearing order) (Sept. 23, 1997) at 5-6 (unpublished); Licensing Board Memorandum and Order (Additional Guidance on Service Procedures) (Nov. 19, 1997)

(unpublished)

It is so ORDERED.

y FOR THE ATOMIC SAFETY AND LICENSING BOARD 2

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G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland May 8, 1998 Copies of this memorandum and order were sent this date to counsel for the applicant Private Fuel Storage, L.L.C., and to counsel for petitioners Skull valley Band of Goshute Indians, Ohngo Gaudadeh Devia, Confederated Tribes of the Goshute Reservation, Castle Rock Land and Livestock, L.C., et al . , and the State of Utah by Internet e-mail transmission; and to counsel for the NRC staff by e-mail through the agency's wide area network system.

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Q UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i

l In the Matter of l

PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI f (Independent Spent Fuel Storage Installation) l CERTIFICATE OF SERVICE L I hereby certify that copies of the foregoing LB M&O--SCHED. FOR RECONSID...

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 l 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 l 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 15 818 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 20009

Washington, DC 20555 i

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! 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 S:.lt Lake City, UT 84111

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Docket No.(s)72-22-ISFSI LB M&O--SCHED. FOR RECONSID... ,

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 8 day of May 1998 Office of the Secretary of tMe Commission l

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