ML20248M161

Memorandum & Order (Scheduling Prehearing Conference).* Informs That Parties Must Be Prepared to Advise Whether Revs to Physical Security Rules for Spent Nuclear Fuel Impact PSP Contentions.W/Certificate of Svc.Served on 980612

ML20248M161
Person / Time
Site:	07200022
Issue date:	06/12/1998
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC), UTAH, STATE OF
References
CON-#298-19199 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9806150097
Download: ML20248M161 (5)

Text

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/N UNITED STATES OF AMERICA g i

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 'Jg ggg Before Administrative Judges:

OFFKZ DF E , q' i

G. Paul Bollwerk, III, Chairman RULEt.% - 6- ,

Dr. Jerry R. Kline ADJUDC' 'it '4hp ,

Dr. Peter S. Lam l

SERVED UW f 2 less )

ll In the Matter of Docket No. 72-22-ISFSI l PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel June 12, 1998 Storage Installation) l MEMORANDUM AND ORDER (Scheduling Prehearing Conference) q As noted in its June 10, 1998 filing, intervenor. State of Utah (State) has elected to present oral argument on its physical security plan (PSP) contentions. Accordingly, the I

parties are advised that a prthearing conference will be 1 i

held in this proceeding on Wednesday, June 17, 1998, becinnino at 9:00 a.m. EDT, in the Atomic Safety and Licensino Board Panel Hearino Room, Room T-3B45. Third Floor. Two White F3 int North Buildino, 11545 Rockville Pike, Rockville, Maryland.

At this prehearing conference, the Board will entertain oral presentations from the State, applicant Private Fuel .

Storage, L.L.C. (PFS), and the NRC staff on the admissibility of the nine State PSP contentions. Because l these discussions may involve nonpublic " protected f

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information" under 10 C.F.R. Part 73, attendance at any portion of this prehearing conference involving the State's PSP contentions will be limited to those individuals from these three parties who are authorized to have access to such information pursuant to the December 17, 1997 protective order issued in this case. See Licensing Board Memorandum and Order (Protective Order and Schedule for

' Filing Security Plan Contentions) (Dec. 17, 1997). In presenting their arguments, the parties should'be prepared to advise the Board whether the recently enacted (albeit not yet effective). revisions to the agency's rules on physical security for spent nuclear fuel and;high-level nuclear.

' waste, agg 63-Fed. Reg. 26,955 (1998), have any impact on the State's PSP contentions.

In addition,.the Board is considering devoting a portion of this prehearing conference to a discussion of q scheduling and the status of discovery with all parties.

EThe Board has attempted to alert the non-PSP parties to the possibility of a telephone conference at 1:00 p.m. EDT

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_( 11:00 p.m. MDT),'wilich the Board, the State, PFS, the staff would participate in from the Panel Hearing Room. Once the Board has reviewed the staff's June 15, 1998 status filing, i

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it will finalize the scheduling details for this portion of the prehearing conference.

It is so ORDERED.

FOR THE bTOMIC SAFETY AND LICENSING BOARD

• h P4 Dau, a G. Paul Bollw'erk, III ADMINISTRATIVE JUDGE Rockville, Maryland June 12, 1998

• Copies of this memorandum and order were sent this date to counsel for the applicant PFS, and to counsel for interveners Skull Valley Band of Goshute Indians,, Ohngo Gaudadeh Devia, Confederated Tribes of the Goshute Reservation, Castle Rock Land and Livestock, L.C./ Skull Valley Company, LTD., and the State by Internet e-mail transmissi- 1; and to counsel for the staff by e-mail through the agency a wide area network system.

I 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 (SCHEDULING PREH CONF) 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 l Office of Commission Appellate G. Paul Bo11werk, III, Chairman l Adjudication Atomic Safety and Licensing Board Panel i U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 i Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20E55 Administrative Judge Administrative Judge ,

Jerry R. Kline Peter S. Lam 1

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 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 20009 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, UT 84111 l

Docket No.(s)72-22-ISFSI LB M&O (SCHEDULING PREH CONF)

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 i

l 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 l 1385 Yale Avenue 185 South State Street, Suite 1300 l 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 4

Dated at Rockville, Md. this 2 12 day of June.1998 n Offic) of the Secretary of the Commission i i

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