ML20248L768
| ML20248L768 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 03/20/1998 |
| From: | Chancellor D UTAH, STATE OF |
| To: | |
| References | |
| CON-#198-18902 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9803240178 | |
| Download: ML20248L768 (23) | |
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UNITED STATES OF AMERICA USHRC NUCLEAR REGULATORY COMMISSION 16 MAR 23 P3 :05 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
- gRY OF Fu
)
ADJUDICAI!DNS STAFF In the Matter of:
)
Docket No. 72-22-ISFSI
)
PRIVATE FUEL STORAGE, LLC
)
ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel
)
Storage Installation)
)
March 20,1998 STATE OF UTAH'S PROPOSED CORRECTIONS TO THE REVISED TRANSCRIPT OF THE PRE-HEARING CONFERENCE i
In response to the Board's February 9,1998, Order, on February 17,1998, the State submitted proposed corrections to the original transcript of the pre-hearing conference held on January 27-29,1998. The Board's March 5 and 10,1998 Orders 3
1 advised that it had requested the court reporter to re-transcribe the original transcript and invited participants to submit proposed corrections to the revised transcript. The State hereby submits, as Exhibit 1, its proposed corrections to the revised transcript and requests the record be changed accordingly.
Upon reviewing the revised transcript, the State found that approximately half of its proposed corrections submitted on February 17 had not been made. By comparing the original transcript with the re-transcription, the State found that, in some cases, additional words that had been insened into the re-transcription confused rather than clarified the logical meaning of the speaker's words. The State has made a concerted effort to address these particular areas so that the speaker's words are t
9803240178 980320
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l rendered logical and resonable. However, in a few places, the State has suggested some word or wcrds be simply omitted with no replacement words inserted because it was impossible to discern how tu change the transcript. This confusion is reflected by
"[??]" in the "Insen" column on Exhibit 1.
In the Board's March 5 and 10,1998 Orders, it also invited participants to make any resulting transcript citation changes in pleadings filed subsequent to the January 1998 prehearing conference. The State notes th'at in the only pleading (State of Utah's Opposition to Amended Petition to Intervene) where the State refers to the transcript (at page 3 of this pleading), the transcript citation, transcript page 30, remains the same in the revised transcript.
l DATED this 20th day of March,1998.
Respect,ly submitted, l
A rx>c Of2/t 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 2
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DOCKETED CERTIFICATE OF SERVICE USNRC I hereby cenify that a copy of STATE OF UTAH'S PROPOSED W MAR 23 P3 :05 CORRECTIONS TO THE REVISED TRANSCRIPT OF THE PRE-HEARING OFFICL CF SECElARY CONFERENCE, was served on the persons listed below by electronic MM$lsg gi D p
otherwise noted) with conforming copies by United States mail first class, this 20th day of March,1998:
Attn: Docketing & Services Branch Dr. Peter S. Lam Secretary of the Commission Administrative Judge U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Mail Stop: 016G15 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 - 015 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: clm@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 i
3 1
l
s.
I i
i Clayton J. Parr, Esq.
Martin S. Kaufman, Esq.
Parr, Waddoups, Brown, Gee &
Atlantic Legal Foundation Loveless 205 E. 42nd Street I
185 South State Street, 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 @HUHEPL.
j E-Mail: john @kennedys.org
. HARVARD.EDU l
Jean Belille, Esq.
James M. Cutchin Land and Water Fund of the Rockies Atomic Safety and Licensing Board 2260 Baseline Road, Suite 200 Panel 4
Boulder, Colorado 80302 U.S. Nuclear Regulatory Commission E-Mail: landwater@lawfund.org Washington, D.C. 20555-0001 E-Mail: jmc3@nrc. gov Danny Quintana, Esq.
(electronic copy only)
Danny Quintana & Associates, P.C.
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 Commission Washington, DC 20555 (United States mail,first class only)
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Auel /
Denise ChancelW Assistant Attorney General State of Utah l
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CORRECTIO SHEET SUBMITTED BY THE STATE OF UTAH FOR THE REVISED TRANSCRIPT OF THE l
HEARING HELD JANUARY 27-29,1998 RE PRIVATE FUEL STORAGE, LLC l
72-22-ISFSI-PRE-HEARING CONFERENCE I
Page Line Delete Insert 1
10 South Street South 1400 1
13 convenend convened 2
2 Richard Wilson 2
3 Scott York 2
5 Roben Halstead 2
11 Genevieve Fields 6
5 Nelson Nielson 53 8
In his inits 66 5
is of 80 16 asserted were for assert for 80 16 MRS, but didn't object MRS. We object 80 18 that. On the Goshutes we're that. The Goshutes were 90 24 can cannot 94 11 effective affected 95 14 want wrote 97 19 Why not? You Why not? Provided you 101 13 NCFR
.CFR 102 1
decertify certify 104 11 distance existence 106 15 econd second 1
Page Line Delete Insert 116 1
Otah Alliance Utah Y 116 5
PFSN PSFS 118 7
PFSN PSFS l
119 8
the only other petition the waiver petition 119 9
one other petition one waiver 122 12 Utah Alliance Utah Y 126 14 caps casks 126 15 caps casks 126 16 caps casks 127 10 and it's a dependent and it's not a dependent 130 15 if the State has if the plant has 131 23 5110 51.10 132 15 andit's and it's 133 8
Utah E Utah B 133 24 think Rowley
, think about Rowley 134 1
Alpine offramp 134 1
casks storage casks stored 134 2
risk, the no danger theory.
risk. The danger is real.
134 7
themselfon missiles from 134 13 FAR SAR 134 14 transfer. There it transfer point. There,it 134 22 ot not 134 23 pier U.P.
135 18 till the connected cask till connection of cask 2
Page Line Delete Insert 135 19 installation-instrumentation 135 24 transferred Skull Valley Road transported along Skull Valley Road 136 12 does meet does not meet 137 2
sure shipments Shorham shipments 137 3
large barge 137 5
drop not be the case 137 6
down into with 137 9
DOE DOT 138 21 is moving. In order is maneuvering in order 139 10 siting siding 139 11 transport one
' transfer from 139 13 existing ISFSI 139 18-19 so that they can turn around so that they can turn the truck around and real fast and get get another get another cask cask 139 22 potential to be fenced 77 140 4
Dolcinells dose limits 140 21 underway at underway on 141 4
environmental attacks environmentalimpact 142 7-8 license," and in a general license, and in a general license, and under license, and this is a Bob Subpart K of this part"--
Cahill, his partner,if you violate-l 142 11 as at l
l 143 4
turn the page turn to 144 9
car cask l
i 144 22-23 is. That's actually you haul is that's actually hauling 3
Page Line Delete Insert 146 20 dosey dose 147 9
foot list, foot wide, 147 17-18 The Shore and Limerick The Shoreham to Limerick shipments Shipping 147 19 admission -
, Commission 148 22 choke kind of choke point 152 12 TFS PFS 152 13 it improves it includes 153 7
as the before as before 154 2
two rocks two points 154 15 who's 154 16 here is.
here.
154 21 employees off-load employees to off-load 157 5
But you're But the 159 19-23 It's obvious that there is not It's obvious that there is not enough in the I
enough in the application to application to make a complete analysis of make a complete analysis of what's contemplated. For example, we what's under that contention.
' don't know if there will be just one truck l
And for example, we have no to move these casks.
facts to support the contention and, for example, we - not just one truck to moves these casks.
160 1
developing us to develop 160 2
falsity paucity 161 8-9 actual facility,it's a staggered actual facility - it's a stand alone facility -
facility. The facility will be the facility will be 161 14 at and 161 15 come turn 161 20 people
??
4
1 Page Line Delete Insert 165 19 and on and in 166 2
plana plenum l
166 12 1356 1536 174 21 M R.
MS.
181 2
OGDA OGD A 183 17 Holpeck and transfer Holtec and TranStor 183 20 Holpeck and tranger Holtec and TranStor 186 13 there's there are 187 22 any aftermath in the aftermath 188 25 Annuls of the ICRP Annals of the ICRP, 189 1
ICRP-60 which was ICRP-60, which were 189 12 their its 193 6
private fuel storage Private Fuel Storage 193 11 foney phoney 1
193 18 private fuel storage Private Fuel Storage 194 14 fermented and failed determined to have failed 194 16 before, as before, and 194 17 stated state state 199 3
And I think, as And I think that 200 13 Cane Kane 202 25 contention or our contention, but in our 203 9
Holtech
' Holtec 203 11 Holtech Holtec 203 18 clatting cladding l
206 8
anslysis anal; 's l
5
Pcge LIIe Delete insert 206 10 that they, according that according 207 11 satisfy satisfies 207 14 Oh, okay 207-15 NUREB NUREG 217 2
NRC staff, NRC staff stated 217 13 adequate inadequate 217 23 MR. KENNEDY:
MR. SILBERG (or BLAKE) 219 3
de6end de6ned 219 3
sfacty safety 221 2
comnment comment 223 13 challenge to challenge with 224 16 2526 25-26
]
225 1
commitment from commitment through 225 2-3 spent fuel." Unless PFS spent fuel unless PFS 225 5
begin.
begin."
225 10 OGDF
' OGD F 227 15 MRS Morris 233 19 quorum form
)
1 237 24 banishing vanishing 241 1
OGDM OGD M 242 2
intentions contentions 242 6
GDL OGD L 242 16-OODM OGD M l.
242 20 OGDM OGD M 245 13 convenend convened 6
l l
L-
Pcge Li::e Del:te Irsert 245 24 Marvin Resnikoff 245 25 Lawrence White 246 246 2-Scott York 1
246 5
Robert Halstead L
249 7
filin filing 263 4
application.
application."
265 4
PF PFS 269 21 licensees. Without licensee, without 270 19 its it's l
274 3-4 Alab ALAB 284 4
loseepa losepa 285 1
spawling spalling 285 22 Transtor's TranStor's 288 14 Transtor TranStor 289 12 loseepa losepa 289 13 loseepa losepa 301 12 nuclear industrial transportation nuclear, industrial, transportation, and in military military 302 21 luckily,it destroyed luckily,it only destroyed 303 2
Testing Test and 303 14 plan plane 305 3
TSFF PFSF 310 2
basically what's
??
311.
datas data 315 5
Alliance Alliant 7
l
Page Line Delete -
Insert 319 4
as result of as a result of 319 15 others other 328 16 PSF psi 331 22.
DO technical
' geotechnical 339 18 walks wants 341 4-5 that buried that was buried -
341-10 105 106 341 11 urban earthen 342 6
sumps they are sumps are 342 14 This is collected - this is That it is collected - that it is sampled sampled 342 15 release has release will 342 16 occurred to.
occur.
342 22 take other take place other 343 4
then fallinto then flow into 343 12 pond of
' pond on 344 19 could have effect could have an effect 345 5
the PFSS the PFSF 346 6
requires required 347 23 DR. LAM: You're welcome.
??
351 1
pathway to pathway for 351 6-7 are defensible are not defensible 356 6
to take to make i
362 11 "There There 8
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Page Line Delete Insert 369 2-4 standard format and content for Standard Format and Content for the the safety analysis report for Safety Analysis Report for On-Site on-site storage ofspent fuel Storage of Spent Fuel Storage Casks.-
storage casks.
370 15 applicants fail applicant fails 371 9
outlines radionuclides 1
374 25 were contained was contained 381 8
rock Rock 381 16' no 382 21 vitro
, Vitro 391 4
demand forinformation Demand for Information 391 5
an insufficient a sufficient 391 7
they have it has 392 9
environment that environment, in that l
395 1
alsohad also had 395 18 casks costs 395 19 address addresses 3%.
22 low-level radioactive waste Low-Level Radioactive Waste i
397 7
compact. But compact, or not. But i
397 18 decontaminate decontaminate 398 11 role redemption Rowley Junction 399 9
MS. CURRAN:
MS. CHANCELLOR:
400 10 MS. CURRAN:
MS. CHANCELLOR:
400 12 MS. CURRAN:
MS. CHANCELLOR:
404 16 vitro Vitro j
408 12-13 decommissioning are adequate decommissioning are not adequate 421 8
describe describes 9
.s Page Line Delete Insert 422 3
equation motion.
equations of motion.
422 6
or to develop or develop 422 13 that, alone that alone, 423 4
contention, EE contention EE 423 5
motion with motion 423 24 They are There are 424 15 All certification And certification 426 24 The did They did 429 16 And your discretion. I At your discretion,I 430 12 there was there were 430 13 felt necessary felt were necessary 435 12 burdens of burdens on 436 6
hearings of.
hearings on 437 2
late file
' late-filed 439 4
let yo let you 440 10 staffan staffa 440 14 obviously is obviously if 450 11 work worked 452 25 division of radiation control Division of Radiation Control 453 1
agreement state Agreement State 454 7
WIP WIPP 454 8
WIP -
WIPP 459 14 designed designec 460 13 agreement state Agreement State 460 23 and safeguard on safeguards l
10 w____-__-___-_____-_-_
o
.o Page Line Delete Insert 466 21 to overly to get overly 468 21 Reservation is.
Reservation,is 469 13 state engineer State Engineer 470 14 plant,an plant, and an 478 13 executive secretary Executive Secretary 478 19 state Goshutes' 479 4
subsections regulations 481 20 NELSON QUINTANA 505 12 convenend convened 505 24 Marvin Resnikoff 505 25 Lawrence White 5%
2 Scott York 506 5
Robert Halstead 507 9
to day today 507 14 CURRAN CHANCELLOR I
507 18 activity of the activities at the -
508 3
Yo don't You don't 512 8
It's Its 512 9
in the in their 512 17 requires
, required 512 22 cite cited 513 2
exists with exists when 513 2
entered enters I
523 20 property analysis 523 25 admissions omissions 11 l
s,. s Page Lme Delete Insert 524 10 facility vicinity
$26 7
over-hearing
, over-heating 528 5
referred to that basis to be refened in that basis to the 528 11 Limerickk Limerick I
528 13 NEPA that one NEPA one l
530 9
that particular facility 1 that particular facility,I 530 10 submit the submit, the j
531 6
cars -
casks i-531 19 act as act at 532 17 requiremental consideration of requirement to consider 532 18 risk exists
$36 3
each earth 537 22 nureg NUREG 542 7
that are relatively small,if
' that are of relatively small probability, if 542 19 int in 544 19 in 73.1 in Section 73.1 544 21 (1), sub C (1)(c) 546 17 regulation that regulation then 548 22 Nureg NUREG 548 24 Nureg NUREG 549 1
Nureg NUREG 549 14 about that j
1 553 3
Nureg NUREG 553 4
Nureg NUREG j
553 9
this there 12 4
I i
lPage Line Delete Insert 555 23 Nureg NUREG 556 2
Paperiello Papariello 556 6
Nureg NUREG 556 7
Nureg NUREG 557 7
Nureg NUREG 557 24 Nureg NUREG 558 14 say:
says:
558 15 Nureg NUREG 559 5
contention B contention V 560 16 Like to I would like to 561 12 Safestore TranStor 562 17 Nureg NUREG 564 10 superceded superseded 566 1
Nureg NUREG 566 7
Nureg NUREG 566 8
Nureg NUREG 566 12 Limmer Limerick i
570 13 Nureg NUREG 571 11-ton.
tons.
571 19 Nureg NUREG
$76 4
Nureg NUREG 576 13 Nureg NUREG 1
577 15 Nureg NUREG i
577 21 insufficient insufficiently 579 7
Nureg NUREG 13 9
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Page-Line Delete Insert
$82 21 ton tons 582 22 Nureg NUREG 583 4
Nureg NUREG 583 13 Nureg NUREG 584 19 once one 585 8
is has 585-17 Nureg NUREG l
585 21-is are l
586 1
older and more, and older, that old and more, that 586 12 require requires 586 22 the that i
588 6
shift shifts 588 11 There would -leading
, That would lead to 589 13 fly speak fly speck 596 13-14 Nureg 1070 NUREG 170
)
597 10 applicant is responsible applicant's response 597 22 at 597 22 as is 599 5
Nureg NUREG 599 9
Nureg NUREG 599 15 Nureg NUREG 600 16 respond response 600 18
- impact, impact 601 9
O's Os 601 12 G
Gis 14 i-I
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Page Line Delete Insert 601 13 it.
it?
601 19 G's Gs l
603 9
the way-what 603 11 pose poses l
605 1
and seems and he seems 605 10 air-606 3
At In 607 22 or 614 17 ISFSland ISFSIand 615 3
is are 615 4
than then
.g.
620 17 Paderk Turk 623 24 The They 633 5
need NEPA 635 5
course of course about 635 22 now the valley Tooele, Tooele valley, 636 4-5 valley. For valley, for 640 9
since sense 642 17 property properly 652 15 ERP ER 654 8-CQ CEQ j
i 654 12 CQ CEQ l
654 13 CQ CEQ l
654 16 CQ CEQ 655 20 resect respect 15 9
fdp' "
Page Line Delete Insert 657 1
150210 150.210 657 4
150213 150.213 658 17 is is is 660 4
a line a line of z,.,
677 25 thin think 679 17 CQ CEQ 681 10 sites cites 696' 10 infecting affecting 698 3
1022(c) 102(2)(c) 698 8
1022(c) 102(2)(c) 707 25 that I we'd that we'd 709 6
inserting asserting 713 15 make made 713 19 there dissent there's dissent 713 20 oftwo-third or two-third 721 16 applicant applicant's 721 19 applicant -
applicant's 721 20 applicant applicant's 721 24 want wait 722 8-site cite 724 2
avonitio ab initio 739 18 qualitative
' quantitative 741 21 976,000 976,000,000 741' 21 1,244,000 1,244,000,000
(
16 1
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Page Line Delete Insert 745 1-3 that we point those out s part of that we point to those as examples of examples of failures. The case failures. The case law - to simply ignore law-to simply ignore the case the case law that NEPA requires to the law ofNEPA requires to the extent practical, quantification, is not extent practical quantincation is ' appropriate.
z not far acting.
765 12 that if parties.
that parties 776 24 that it could that could 4
778 5-inhabitation habitation 778 18.
2714 2.714 779 14 accumulated accumulate 779 19 our fact are facts J
l 780 10 contention's contentions l
781 17 petition intervene petition to intervene J
785 20
[ articular particular 788 1
reg. guide Reg. Guide 792 20 conception
' perception 792 25 reg. guide Reg. Guide I
793 1
nureg NUREG l
793 3
nureg NUREG i
l 793 3
guide Guide 793 19 as response a response 794 17 ofNRC for NRC 794 24 management department public management, department public safety, safety 795 8
up there out there 795 11 up righted up-righted 798 17 reg.
Reg.
l l
17
k>.. o Page-Line Delete Insert 798 18 guide Guide 798 18 nureg NUREG 1
798-19 reg. guide Reg. Guide 798-19 constitute constitutes 798 23 reg.'
Reg.
798 24 guide Guide 798 25 nureg NUREG 799 1
nureg
,NUREG 800 20 to the Mr.
to Mr.
800 22 reg guide Reg. Guide 800 22 worded alluded j
801 22 reg. guide Reg. Guide 803 12 problem crane 804 3
abdicating advocating 807 21 nureg NUREG l
l 808 22 Nureg NUREG 808 23 manuscript completed manuscript was completed l
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