ML20155B144

Order (Granting Leave to File Surreply & Establishing Schedule for Next Informal Discovery Status Rept).* Parties Shall Provide Addl Joint Rept Outlining Status of Informal Discovery.With Certificate of Svc.Served on 981029

ML20155B144
Person / Time
Site:	07200022
Issue date:	10/29/1998
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-#498-19677 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9810300070
Download: ML20155B144 (6)

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UNITED STATES OF AMERICA 00CKETED l

NUCLEAR REGULATORY COMMISSION USNRC ATOMICSAFETYANDLICENSINGBOAg g gg j

Before Administrative Judges:

G.

Paul'Bollwerk, III, Chairman,

' 1 Orr Dr. Jerry R.

Kline Ad.IA

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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 October 29, 1998 Storage Installation)

SEPW" OCT 2 91998 ORDER (Granting Leave to File Surreply and Establishing Schedule for Next Informal Discovery Status Report)

Upon consideration of (1) the October 28, 1998 motion of applicant Private Fuel Storage, L.L.C.,

(PFS) for leave to file a surreply to the October 26, 1998 reply pleading of intervenor State of Utah (State), including the l

representations therein regarding the other parties' positions concerning the request to file a surreply and the scope and length of PFS's proposed pleading; and (2) the October 23, 1998 joint status report on informal discovery, it is ORDERED, that the October 28, 1998 motion of PFS for leave to file a surreply is aranted; and it is l'

FURTHER ORDERED, that the PFS surreply pleading, which shall be filed on or before Fridav, October 30, 1998, shall 9810300070 981029 PDR ADOCK 07200022 C

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5 A be no more than five pages in length and shall be limited to the issue of good cause for late filing of the State's Low Rail contentions; and it is FURTHER ORDERED, that on or before Tuesday, November 24, 1998, the parties shall provide an additional joint report outlining the status of informal discovery.

The report should detail the parties' further progress in i

making document disclosures, including identifying asserted privileged or protected documents, and in exchanging witness lists and conducting informal interviews.

In addition, for each admitted contention, the " lead" parties supporting and opposing the contention and the NRC staff should provide a good faith estimate, based on the parties' discovery efforts l

to date, of (1) how many formal discovery interrogatories and deposition notices the party anticipates submitting (other than draft / final environmental impact statement-related discovery against the NRC staff for i

Group III issues); and (2) how many privileged / protected j

l documents each party anticipates may be the subject of a 1

motion to compel / motion for protective order.

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Further,.on or before Tuesday, November 24, 1998, 1

counsel for each party should advise the Licensing Board Chairman of any conflicts that would make counsel unavailable for a conference the week of December 14-18, 1998, regarding the status of informal discovery and party 1

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4 plans for formal discovery.

The Board anticipates conducting this conference by telephone, although it would l

be willing to try to arrange a videoconference if there is sabstantial support among the parties for using that mode of communication.

Counsel may use the joint status report to identify any scheduling conflicts and their preferences regarding the conferencing method.

The filings required or permitted under this order l

should be served on the Board, the Office of the Secretary, and counsel for the other participants by facsimile transmission, e-mail, or other means that will ensure receipt by midnight ET on the day of filing.

See Licensing Board Memorandum and Order (Initial Prehearing Order) l l

(Sept. 23, 1997) at 5-6 (unpublished); Licensing Board Memorandum and Order (Additional Guidance on Service l

Procedures) (Nov. 19, 1997) (unpublished); Licensing Board Memorandum and Order (Schedule for Telephone Conference and l

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}. Directives Regarding Expedited Service) (Sept.

2, 1998) at 2-3 (unpublished).

FOR THE ATOMIC SAFETY AND LICENSING BOARD" A

l' Yk.

G.

Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland October 29, 1998 l

• Copies of this order were sent this date by Internet e-mail transmission to counsel for (1) the applicant PFS; (2) intervenors 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; and (3) the staff.

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UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION i

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

Installation)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (GRANTING LEAVE...)

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 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 Consission U.S. Nuclear Regul tory 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 Comission 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

t Docket No.(s)72-22-ISFSI LB ORDER (GRANTING LEAVE...)

l Denise Chancellor, Esq.

Assistant Attorney General Jav E. Silberg, Esq.

Utah Attorney General's Office Waw, Pittman, Potts and Trowbridge j

160 East 300 South, 5th Floor 2300 N Street, NW l

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 Quinta a & Assocs., P.C.

Harvard University l

50 West Broadv

, Fourth Floor Cambridge, MA 02138 Salt Lake Ci' UT 84101 i

Dated at Rockville, Md. this

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29 day of October 1998 kAus) / b%<WT Office of the Secretiry of the fommission l

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