ML20248K331

Memorandum & Order (Request for Election Re Oral Argument on Security Plan Contentions).* Requests That Counsel for State Advise Board Before 980608 on Plans for Oral Presentation Re Security Plan.W/Certificate of Svc.Served on 980608

ML20248K331
Person / Time
Site:	07200022
Issue date:	06/08/1998
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	UTAH, STATE OF
References
CON-#298-19178 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9806100075
Download: ML20248K331 (5)

Text

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i /9/77 UNITED STATES OF AMERICA 00CXETED NUCLEAR REGULATORY COMMISSION UbNOC ATOMIC SAFETY AND LICENSING BOARD 36 dN -8 A10 :27 Before Administrative Judges:

OFFICE o= n. ,

e G. Paul Bollwerk, III, Chairman RULER.f t::,-

ADJUD:'y ;f~j'jjfp id Dr. Jerry R. Kline Dr. Peter S. Lam In the Matter of Docket No. 72-22-ISFSI PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel June 8, 1998 Storage Installation) g, MCMORANDUM AND ORDER (Request for Election Regarding Oral Argument on Security Plan Contentions)

In CLI-98-7, 47 NRC (June 5, 1998), the Commission reversed an order of the Chief Administrative Judge establishing a separate Licensing Board with jurisdiction over issues relating to the physical security plan for the proposed facility of applicant Private Fuel Storage, L.L.C.

(PFS). As a result of the Commission's directive, the l

pending physical security plan contentions of intervenor State of Utah (State) have been returned to this Board fcr a ruling on their admissibility.

The parties have fully briefed the question of the admissibility of the State's nine physical security plan contentions.2 With the agreement of the parties, the now 2

In addie. ion, during its January 1998 initial (continued...)

9006100075 900600

{DR ADOCK 07200022 = p60S

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discontinued physical security plan Licensing Board had established a date and beginning time -- Wednesday, June 17, 1998, at 9:00 a.m. EDT -- for a prehearing conference at the Licensing Board Panel's hearing room in Rockville, Maryland, to allow the parties to present oral argument concerning the admissibility of those contentions. Although this Board could rule on the admissibility of the State's physical security plan contentions based on the parties' written submissions, we noneth=less are willing to hear oral argument on that date under the previously established schedule if the State, as the proponent of the contentions and the party whose counsel must travel cross-country to attend the conference, still wishes to make such a presentation. The Board anticipates that oral argument on these contentions would not require more than one day.

Therefore, the Board requests that counsel for the State advise us on or before Wednesday, June 10, 1998, whether the State wishes to make an oral presentation on the admissibility of its security plan contentions. This written election should be served on the Board, the office of the Secretary, and counsel for the other participants by

(... continued) prehearing conference this Board provided the parties an opportunity to make oral presentations, which did not involve any discussion of nonpublic safeguards information, on the question of the expertise of the witness sponsoring the State's physical security plan contentions. Egg Tr.

at 442-65.

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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. Egg 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) l (unpublished).

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 2 OO L W i

G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland June 8, 1998 8

Copies of this memorandum and order were sent this date to counsel for the applicant PFS, and to counsel for petitioners Skull Valley Band of Goshute Indians, ohngo Gaudadeh Devia, Confederated Tribes of the Goshute Reservation and David Pete, Castle Rock Land and Livestock, L.C., et al., and the State by Internet e-mail transmission; and to counsel for the NRC staff by e-mail through the agency's wide area network system.

o ,z, UNITED STATES OF AMERICA ~

NUCLEAR REGULATORY COMMISSION 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 (REQ. FOR ELECTION...)

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 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. Las 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 .

'j' Washington, DC 20555 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, (fi 84111

o,,e Docket No.(s)72-22-ISFSI LB M&O (REQ. FOR ELECTION...)

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 Univers4,ty 50 West Broadway, Fourth Floor Cambridge, MA 02138 Salt Lake City, UT .84101 Dated at Rockville, Md. this 8 day of June 1998 Office of the Secretary"of the Commission 5

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