ML20248L755
| ML20248L755 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 03/18/1998 |
| From: | Chancellor D UTAH, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#198-18900 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9803240158 | |
| Download: ML20248L755 (5) | |
Text
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USNRC UNITED STATES OF AMERICA I
NUCLEAR REGULATORY COMMISSION 16 MAR 23 P3 :04 l
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFlG > EEC :.Ti?BY
_ _R Ut 9. W v K Aus2
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In the Matter of:
)
Docket No. 72-22-ISFSI
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PRIVATE FUEL STORAGE, LLC
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ASLBP No. 97 732-02-ISFSI (Independent Spent Fuel
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Storage Installation)
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March 18,1998 STATE OF UTAH'S RESPOME TO THE BOARD'S REQUEST FOR INFORMATION REGARDING CONTENTIONS INVOLVING PROPRIETARY AND SAFEGUARDS MATERIAL i
The State responds to the Board's March 9,1998, Order requesting l
l information regarding contentions involving proprietary and safeguards material. The I
State's preference is that any and all information in this proceeding should be open and available for public scrutiny and discussion, but the State realizes that such an open policy may not be possible with respect to proprietary and safeguards information.
With respect to Utah Contentions EE and GG, the State is constrained from disclosing proprietary information under its confidentiality agreements with Holtec and Sierra Nuclear. Under these circumstances, the State believes that it is up to PFS and/or the Staff to determine whether all and any of Utah Contentions EE and GG may be disclosed. Funhermore, because of the confidentiality agreements, the State is precluded from providing proprietary information to the Board. The State and PFS I
have mutually agreed that PFS will provide the Board with the proprietary and non-9803240158 980318 PDR ADOCK 07200022 C
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l proprietary information referenced in Utah Contentions EE and GG and the responses and replies to those contentions. With respect to safeguards contentions, Utah Security-A through Utah Security-I, the State will rely on the Staff's determination of what information may be disclosed.
Of panicular concern to the State is that Contenti 3ns EE and GG and the safeguards contentions be read, reviewed and analyzed as a whole, so that the actual contentions are not divorced from their bases. Therefore, considerations regarding public disclosure of contentions should apply to the bases for the contentions as well as the contentions themselves. In the event that only a contention and not its bases is publicly disclosed, both the nonproprietary contention and its proprietary bases must be evaluated together.
Under separate cover, and in accordance with the Board's Protective Order, the State is providing the Board with two 3.5 inch diskettes, one of which contains all proprietary filings relating to Contentions EE and GG, the other contains safeguards filings. The proprietary filings to date are:
1.
State of Utah's Request for Consideration of Late-Filed Contentions EE and FF dated December 23,1997.
2.
State of Utah's Request for Consideration of Late-Filed Contention GG, dated January 8,1998.
3.
State of Utah's Reply to the NRC Staff's and Applicant's Responses to State of Utah's Contentions EE and GG, and Notice of Withdrawal of Contentions FF, dated February 11,1998.
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l The safeguards filings are Utah Contentions Security-A through Utah Security-I dated January 3,1998 and the State's Reply, dated Febmary 11,1998, to the NRC Staff and PFS's responses to those contentions.
In the State's February 11,1998 reply to the Staff and PFS's responses to Utah Contentions EE and GG the last line on page 32 was inadvertently omitted from the plerling. The State under separate cover now files corrected page 32' which replaces page 32 c.s otiginally filed.
DATED this 18th day of March,1998.
Respectfully submitted, l
D Y
Denise Chancellor Fred G Nelson Assistant Attorneys General Diane Curran Connie Nakahara Special Assistant Attorneys General Attorneys for State of Utah Utah Attorney General's Office 160 East 300 South,5th Floor P.O. Box 140873 Salt Lake City UT 84114-0873 Telephone:
(801) 366-0286 Fax:
(801) 366 0292
' After " soil site" corrected page 32 adds the following: conditions and how these factors affect the stability of the casks."
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00CKETED USNRC CERTIFICATE OF SERVICE I hereby cenify that a copy of STATE OF UTAH'S RESPOEEENIf 3 :04 BOARD'S REQUEST FOR INFORMATION REGARDING OCNTENTIONSE I ARY RJLEMM.iG. AD INVOLVING PROPRIETARY AND SAFEGUARDS MATERN,hb seNeNeinTAFF the persons listed below by electronic mail (unless otherwise noted) with conforming copies by United States mail first class, this 18tli day of March,1998:
Attn: Docketing & Services Branch Dr. Peter S. Lam Secretary of the Commission AdministrativeJudge U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Mail Stop: Ol6G15 U. S. Nuclear Regulatory Commission 11555 Rockville Pike, One White Flint Washington, DC 20555 North E-Mail: psl@nrc. gov Rockville, MD 20852 2738 (originalandtwo copies)
Sherwin E. Turk, Esq.
Catherine L. Marco, Esq.
G. Paul Bollwerk, III, Chairman Office of the General Counsel Administrative Judge Mail Stop 15 B18 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 E-Mail: set @nrc. gov E Mail: gpb@nrc. gov E-Mail: cim@nrc. gov Dr. Jerry R. Kline Jay E. Silberg, Esq.
AdministrativeJudge Ernest L. Blake, Jr.
Atomic Safety and Licensing Board Shaw, Pittman, Potts & Trowbridge U. S. Nuclear Regulatory Commission 2300 N Street, N. W.
Washington, DC 20555 Washington, DC 20037-8007 E-Mail: jrk2@nrc. gov E-Mail: Jay _Silberg@shawpittman.com 4
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Clayton J. Parr, Esq.
Martin S. Kaufman, Esq.
Parr, Waddoups, Brown, Gee &
Atlantic Legal Foundation Loveless 205 E. 42nd Street
-185 South State Areet, Suite 1300 New York, New York 10017 P. O. Box 11019 E-mail: mskaufman@ yahoo.com Salt Lake City, Utah 84147 0019 E-Mail: karenj@pwlaw.com Richard Wilson Department of Physics John Paul Kennedy, Sr., Esq.
Harvard University 1385 Yale Avenue Cambridge, Massachusetts 02138
. Salt Lake City, Utah 84105 E-mail: WILSON @HUMEPL.
E-Mail: john @kennedys.org HARVARD.EDU Jean Belille, Esq.
James M. Cutchin Land and Water Fund of the Rockies Atomic Safety and Licensing Board 2260 Baseline Road, Suite 200 Panel Boulder, Colorado 80302 U.S. Nuclear Regulatory Commission E-Mail: landwater@lawfund.org Washington, D.C. 20555-0001 E-Mail: jmc3@nrc. gov
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Danny Quintana, Esq.
(electronic copy only)
Danny Quintana & Associates, P.C.
i 50 West Broadway, Fourth Floor Office of the Commission Appellate Salt Lake City,' Utah 84101 Adjudication E-Mail: quintana @xmission.com Mail Stop: 16-G-15 OWFN U. S. Nuclear Regulatory Commiss:on Washington, DC 20555 (United States mail,first class only) i 1
J I$nise Chancel [or Assistant Attorney General State of Utah 5