ML20236L646

NRC Staff Response to State of Utah Comments on Scheduling Order of 980629.* Staff Shares State Concern That 7-day Period of Time Allowed for Filing Answers Too Short & Should Be Changed to 14 Days.W/Certificate of Svc

ML20236L646
Person / Time
Site:	07200022
Issue date:	07/09/1998
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#398-19296 ISFSI, NUDOCS 9807130108
Download: ML20236L646 (5)

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.l9ZSS 00CKETE0 I USNRC July 9,1998 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIOg J1 10 P4 :13 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Ah ~ I' In the Matter of )

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PRIVATE FUEL STORAGE L.L.C. ) Docket No. 72-22-ISFSI

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(Independent Spent )

Fuel Storage Installation) )

NRC STAFF'S RESPONSE TO THE STATE OF UTAH'S COMMENTS ON THE SCHEDULING ORDER OF JUNE 29.1998 On July 7,1998, the State of Utah filed its comments on the Licensing Board's

" Memorandum and Order (General Schedule for Proceeding and Associated Guidance)," dated June 29,1998 (" Order").i In accordance with the Licensing Board's subsequent Order of July 8,1998, the NRC Staff (" Staff") herewith provides its response to the State's comments.2

1. The Staff agrees with the State's observation that two months should be allowed for the conclusion of discovery against the Staff, following its statement of a position on safety contentions or publication of the Draft Environmental Impact Statement (EIS) (Utah Comments at 1, i 1). The Staff believes this is clear in the Licensing Board's Scheduling Order and that no clarification is required in this regard. With respect to the discovery cut-off against the Staff

' See " State of Utah's Comments on the Board's June 29, 1998, Scheduling Order"

(" Utah Comments"), dated July 7,1998.

2 On July 7,1998, the Applicant filed its comments concerning the Licensing Board's Scheduling Order. See " Applicant's Comments on General Schedule for Proceeding and Associated Guidance" ("PFS Comments"), dated July 7,1998. As noted therein, the Staff is in general agreement with the positions expressed by the Applicant in that document.

9807130108 980709 PDR ADOCK 072000 2 37

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2-following publication of the Final EIS, the Staff does not believe that a full two months of additional discovery is required, inasmuch as discovery on environmental contentions will have already occurred following publication of the DEIS, and additional discovery on those contentions would only be appropriate to the extent that the Final EIS differs from the Draft EIS.

Accordingly, the Staff believes that no modification of the Licensing Board's Scheduling Order l l is required in this regard. l l

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2. The State has expressed concern that discovery may need to be reopened durmg

! the period between (a) the general close of discovery and (b) the close of discovery against the i l l l Staff and the deadline for filing summary disposition motions (Utah Comments at 1-2, i 2). The l Staff believes this concern is premature, and that a party may always file a motion to reopen .

discovery, upon a showing of good cause. Further, the Commission's Rules of Practice contain i an appropriate procedure for the supplementation of discovery responses, as set forth in 10 C.F.R. I 2.740(e). Accordingly, the Staff believes that no modification of the Licensing Board's Scheduling Order is required in this regard.

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3. The State suggests that parties should be permitted to file motions for extensions of time, upon a showing of good cause (Utah Comments at 2, T 3). While the Staff does not l

l oppose this suggestion in general, the Staff believes it is premature to raise this concern at this 1

time. Moreover, the Licensing Board's Scheduling Order explicitly recognizes that schedular l adjustments may be necessary in the future, "to meet whatever exigencies may arise in the course of this litigation" (Order at 4-5), Accordingly, the Staff believes that no modification of the Licensing Board's Scheduling Order is required in this regard.

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3-l 4. The Staff shares the State's concern that the 7-day period of time allowed for

! filing answers to interrogatories is too shon, and should be changed to permit the filing of such answers within 14 days (Utah Comments at 3,14). The Staff notes that the Applicant l

expressed the same view in its comments, with agreement by the Staff (PFS Ccmments at 1-2).

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1 Respectfully submitted, {

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/ Iv Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 9th day of July 1998 i .

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[ UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USNRC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD R 10 P4 '13 ,

i l In the Matter of )

)

OFI I, ' '" -n PRIVATE FUEL STORAGE L.L.C. ) Docket No. 7hJSI[SFSI[ , l'$p l

) I (Independent Spent ) 1 Fuel Storage Installation) )

CERTIFICATE OF SERVICE l

I hereby certify that copies of "NRC STAFF'S RESPONSE TO THE STATE OF UTAH'S COMMENTS ON THE SCHEDULING ORDER OF JUNE 29,1998" in i l the above captioned proceeding have been served on the following through deposit in l l the Nuclear Regulatory Commission's internal mail system, or by deposit in the  ;

United States mail, first class, as indicated by an asterisk, with copies by electronic mail as indicated, this 9th day of July,1998: l l

l G. Paul Bollwerk, III, Chairman Office of the Secretary l

l Administrative Judge ATTN: Rulemakings and Adjudications  ;

l Atomic Safety and Licensing Board Staff U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 (E-mail copy to GPB@NRC. GOV) (E-mail copy to SECY@NRC. GOV) l Dr. Jerry R. Kline Office of the Commission Appellate

Administrative Judge Adjudication Atomic Safety and Licensing Board Mail Stop

16-G-15 OWFN i U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 l (E-mail copy to JRK2@NRC. GOV) j James M. Cutchin, V l Dr. Peter S. Lam Atomic Safety and Licensing Board l Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission (by E-mail to JMC3@NRC. GOV)

Washington, DC 20555 l (E-mail copy to PSLONRC. GOV) Danny Quintana, Esq.*

Danny Quintana & Associates, P.C.

I Atomic Safety and Licensing Board 50 West Broadway, Fourth Floor Panel Salt Lake City, UT 84101 U.S. Nuclear Regulatory Commission (E-mail copy to quintana Washington, DC 20555 @Xmission.c'om)

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Jay E. Silberg, Esq.* Joro Walker, Esq.*

Ernest Blake, Esq.* Land and Water Fund of the Rockies Paul A. Gaukler, Esq.* 165 South Main St., Suite 1 SHAW, PITTMAN, POTTS & Salt Lake City, UT 84111

- TROWBRIDGE (E-mail copy to joro61@inconnect.com) '

l 2300 N Street. N.W

' Washington, DC 20037-8007 Clayton J. Parr, Esq.* i (E-mail copies to jay _silberg, PARR, WADDOUPS, BROWN, GEE pau!_grikler, and ernest _blake & LOVELESS

@she,pittman.com) 185 S. State St., Suite 1300 i P.O. Box 11019 Denise Chancellor, Esq.* Salt Lake City, UT 84147-0019 Fred G. Nelson, Esq. (E-mail copy to karenj@pwlaw.com)

Utah Attorney General's Office  !

160 East 300 South,5th Floor John Paul Kennedy, Sr., Esq.* l P.O. Box 140873 1385 Yale Ave.

Salt Lake City, UT 84105 Salt Lake City, UT 84114-0873 (E-mail copy to dchancel@ State.UT.US) (E-mail copy to john @kennedys.org)

Connie Nakahara, Esq.* _

Professor Richard Wilson

• i Utah Dep't of Environmental Quality Department of Physics 168 Nori 1950 West Harvard University P. O. Box 144810 Cambridge, MA 02138 Salt Lake City, UT 84114-4810 (E-mail copy to .

(E-mail copy to cnakahar@ state.UT.US) wilson @huhepl. harvard.edu)

Diane Curran, Esq.* _

Martin S. Kaufman, Esq.*

Harmon, Curran, Spielberg & Eisenberg Atlantic legal Foundation 2001 S Street, N.W., Suite 430 205 E. 42nd Street, Washington, D.C. 20009 New York, NY 10017 (E-mail copy to (E-mail copy to DCurran.HCSE@zzapp.org) m::kaufman@ yahoo.com)

Richard E. Condit, Esq.

I.and and Water Fund of the Rockies 2260 Baseline Road, Suite 200 Boul&r, CO 80302 (E-mail copy to rcondit@lawftad.org) i "

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[ dinerwin E. Turk Counsel for NRC Staff I