ML20217R273

Brief of Skull Valley Band of Goshutes in Support of Scientists for Secure Waste Storage Appeal.* Submits Brief in Support of Scientists for Secure Waste Storage Appeal to Intervene.W/Certificate of Svc

ML20217R273
Person / Time
Site:	07200022
Issue date:	05/04/1998
From:	Quintana D AFFILIATION NOT ASSIGNED, SKULL VALLEY BAND OF GOSHUTE INDIANS
To:	Atomic Safety and Licensing Board Panel
References
CON-#298-19059 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9805140246
Download: ML20217R273 (3)

Text

}f657 UNITED STATES OF AMERICA DOCKETE0 l

NUCLEAR REGULATORY COMMISSION (tpqC l

Before the Nuclear Regulatory Commission

'98 MAY 11 P3 :48 In the Matter of Docket No. 72-22-ISFSI l

OFFr.. C F

-PRIVATE FUEL STORAGE, L.L.C.

ASLBP No. 97-7 32-02-fDYSI,'

m (Independent Spent Fuel May 4, 1998 Storage Installation) i BRIEF. OF SKULL VALLEY BAND OF GOSHUTES IN SUPPORT OF SCIENTISTS FOR SECURE WASTE STORAGE APPEAL The Skull Valley Band of Goshutes, (Band), hereby respectfully submits this brief in support of the Scientists for Secure Waste Storage appeal to intervene in tuese proceedings.

ARGUMENT IN SUPPORT OF INTERVENTION The test for discretionary intervention is set forth in the Commission's Pebble Springs decision, CLI-76-27, 4 NRC at 616. The question before the Commission is whether the public interest is best served by the intervention of this esteemed body of scientists. The Board incorrectly pontificated that intervention here would delay the proceedings. There is no f actual basis for the Board's speculation of a delay in these important proceedings.

The Band believes the exact i

opposite will occur.

Scientific questions in areas of particular expertise can be immediately answered by these world class experts whose only interest in these proceedings is truth.

In fact, scientific questions, i.e., contentions can be answered faster than the current process given the demand which presently exists on NRC staff and resources.

Costs of experts is particularly important to the Band. Hiring world renown scientists to refute some of the out right hysterical contentions proffered by the opponents would be in the hundreds of thousands, if not millions of dollars. Many of these contentions involve proving negatives and wild assertions which have been filed to purposefully delay the proceedings.

Litigation delay is the goal of the 9805140246 990504 PDR ADOCK 07200022 y Q3' C

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. various opponents of this storage facility. This simple delay tactic can be averted by use of these scientists to deal with the exotic, bizarre and totally off the wall claims by those who wish to "save the tribe and the environment from deadly nuclear waste".

The Band not only is concerned about the proceedings being expedited for their own interests but those of the public at large.

Over 200 citizens of Utah signed petitions requesting the participation of these scientists in this process.

Public confidence in licensing of major facilities is enhanced by the participation sought here.

Better the voice of reason in matters of public concern than the shouts of hysteria by politicians with their own political agenda.

Now that everyone is on the same litigation schedule, no delays will occur by their participation.

The scientists are represented by able legal counsel and all strict deadlines will be carefully observed.

No special treatment will be sought or granted because of the prominence of the parties. This proposed intervention will allow the Commission to set even tighter deadlines since the real hard science questions can be readily referred to this able group of scientists.

CONCLUSION For the reasons set forth supra, the Band respectfully prays this Commission to allow the intervention of scientists for Secure Waste.

DATED this 5" day of May, 1998.

DANNY QUINTANA & ASSOCIATES

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~. m DANN VQU AN Gene ralCo se Skull Vall Band of Goshutes

. 00CKEIED USNRC

- CERTIFICATE OF SERVICE l

I hereby certify that copies of the above entitled ri w

served upon the persons indicated below in the manner stated on the date stated:

OFFG 0: EF&

Attn Docketing.& Service Branch Dr. Jerry R.

' p 'A#

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Secretary of the Commission Administrati Mfd 4a fAFF U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Mail Stop 016G15 US NRC l

11555 Rockville Pike One White Flint North Washington, D.C..

20555 Rockville, MD 20852-2738 email jrk20nrc. gov G.

Paul Bollwerk, III, Chairman Dr. Peter S.

Lam Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. NRC Washington, D.C. 20555 Washington, D.C.

20555 email gpb0nrc. gov email ps10nrc. gov l

Office of the Secretary Sherwin E. Turk, Esq.

Attn: Rulemakings and Adjudication Staff Catherine L. Marco, Esq.

U.S. Nuclear Regulatory Commission Office of General Counsel Washington, D.C.

20555 U.S. NRC Mail Stop: 0-15 B18 Washington, D.C.

20555 Fax: 301-415-3725 i

email SET 0nrc. gov Jay E. Silberg, Esq Shaw, Pittman, Potts & Trowbridge Land and Water Fund of the Rockies 2300 N Street N.W.

2260 Baseline Road, Suite 200 Washington, D.C.

20037-8007 Boulder, Colorado 80302 Fax: 202-663-8007 Fax: 303-786-8054 jay _silberg0shawpittman.com landwater@lawfund.org Diane Curran, Esq.

Denise Chancellor Harmon, Curran & Spielberg Utah Attorney General's Office 2001 S Street, N.W.,

Suite 430 P.O. Box 140873 l

Washington, D.C.

20009 SLC, UT 84114-4810 Fax: 202-328-6918 Fax: (801) 366-0292 dicurranGaol.com dchance10 state.ut.us Connie Nakal. ara, Esq.

Clayton J. Parr, Esq.

l Utah Dep. Of Environmental Quality Kimball, Parr 168 North 1950 West 185 S. State #1300 Salt Lake City, Utah 84114-4810 P.O.

Box 144810 Fax: 801-536-0061 Salt Lake City, Utah 81147-0019 Fax: 801-532-7751 kjohnson0kimbal om Dated: MAY 5 1998.

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