ML20247H665

Memorandum & Order (Memorializing Prehearing Conference Rulings).* Parties to Adhere to Listed Filing Dates & Adopted Changes as Ordered.W/Certificate of Svc.Served on 980520

ML20247H665
Person / Time
Site:	07200022
Issue date:	05/20/1998
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC), SKULL VALLEY BAND OF GOSHUTE INDIANS
References
CON-#298-19107 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9805210224
Download: ML20247H665 (5)

Text

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/4/O'7 UNITED STATES OF AMERICA 00CKETED NUCLEAR REGULATORY COMMISSION USNRC ATOMIC SAFETY AND LICENSING BOARD

% NAY 20 P2 :07 Before Administrative Judges:

G. Paul Bollwerk, III, Chairman Dr. Jerry R. Kline

! k NW Dr. Peter S. Lam ADJUDii- 45 dMF 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 20, 1998 Storage Installation)

SERVED Ela 1998 MEMORANDUM AND ORDER (Memorializing Prehearing Conference Rulings)

During the May 19, 1998 prehearing conference, the Licensing Board established several dates for filings by the parties as well as indicated its willingness to (1) adopt an agreed-upon wording change to contention Utah DD/ Castle Rock 16, and (2) accept a proposed change in the previous designation of the " lead" party for contention Utah E/ Castle Rock 7/ Confederated Tribes F. Those filing dates and the adopted changes are as follows:

1. Wednesday, May 27, 1998 -- Joint report from the parties on a proposed discovery cutoff date.

2. Monday, June 15, 1998 -- NRC staff report on the status of/ schedule for issuance of the Safety Evaluation Report and the draft / final Environmental Impact Statements for the Private 9905210224 990520 PDR ADOCK 07200022 C PDR Og

Fuel Storage facility and issuance of the Safety Evaluation Report for the Holtec cask. {

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3. Paragraph one of contention Utah DD/ Castle Rock 16 is revised to read:

1. The License Application fails to address all possible impacts on federally endangered or threatened species, specifically peregrine falcons nesting on the Timpie Springs Waterfowl Management Area.

4. The May 6, 1998 requests of the State of Utah (State or Utah) and the Confederated Tribes of the j

Goshute Reservation (Confederated Tribes) to change the lead party designation for contention Utah E/ Castle Rock 7/ Confederated Tribes F from the Confederated Tribes to the State are oranted.

4 In addition, as the Board indicated during the prehearing conference, the parties are authorized to begin the informal discovery process as outlined in LBP-98-7, 47 NRC , (slip op. at 160-61) (Apr. 22, 1998).

The filings required under this memorandum and order should be served on the Board, the Office of the Secretary, I and counsel for the other participants by facsimile transmission, e-mail, or other means that will ensure j i 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);

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j. Licensing Board Memorandum and Order (Additional Guidance on Service Procedures) (Nov. 19, 1997) (unpublished).

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

• A w. r A t. . A G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland May 20, 1998 i

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• Copies of this memoran'dum and order were sent this date to' counsel for the applicant Private Fuel Storage,  :

L.L.C., and to counsel for interveners skull Valley Band of l Goshute Indians, Ohngo Gaudadeh Devia, Confederated Tribes, Castle Rock Land and Livestock, L.C./ Skull Valley Co., Ltd.,

l and the State by Internet e-mail transmission; and to counsel for the staff by e-mail through the agency's wide  !

area network system. J i

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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In the Matter of PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI (Independent Spent Fuel Storage Installation)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB M&O (...PREH. CONF. RUL'GS) 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 Comission A.ipellate G. Paul Bo11werk, III, 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 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 Currn, Esq.

Office of the General Counsel Harmon, Curran, Spielberg & Eisenberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, DC 20555 l

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 Salt Lake City, UT 84111 i

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Docket No.(s)72-72-ISFSI LB M&O (...PREH. CONF. RUL'GS)

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 20 day of May 1998 FfTice of the Secretary of tfie Commission NY

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