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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217J9611999-10-22022 October 1999 Order (Granting Motion for Leave to File Reply).* State 991021 Motion for Leave to File Reply to 991018 Pfs & Staff Responses Re Admission of late-filed,amend Contention Utah V Granted.With Certificate of Svc.Served on 991022 ML20217L8541999-10-21021 October 1999 State of Utah Motion for Leave to Reply to Applicant & Staff Responses to State of Utah Request for Admission of late- Filed Amended Utah Contention V.* NRC Staff Do Not Oppose Motion.With Certificate of Svc ML20217E9281999-10-18018 October 1999 NRC Staff Response to State of Utah Request for Admission of late-filed Amended Utah Contention V.* Staff Submits That Contention V Should Be Rejected on Grounds That Contention Untimely Filed Without Good Cause.With Certificate of Svc ML20217E9691999-10-18018 October 1999 Applicant Response to State of Utah Request for Admission late-filed Amended Utah Contention V.* Recommends That State of Utah Request Should Be Denied as Untimely.With Certificate of Svc ML20212M0201999-10-0707 October 1999 Order (Schedule for Responses to Request for Admission of late-filed,amended Contention).* Responses to Amended Utah Contention V Shall Be Filed on or Before 991018. with Certificate of Svc.Served on 991007 ML20217B6741999-10-0404 October 1999 State of Utah Request for Admission of late-filed Amended Utah Contention V.* Amended Contention V Both Admissible & Meets Commission Standard for Late Filed Contentions & Should Be Admitted ML20217B6821999-10-0404 October 1999 Notice of Change of Address.* Submits Listed Address Change for C Nakahara ML20217B6861999-10-0404 October 1999 Declaration of M Resnikoff in Support of State of Utah Amended Contention V.* Declaration of M Resnikoff Re Inadequacy of Table S-4 in 10CFR51 to Address Environ Impacts of Transporting Sf.With Certificate of Svc ML20217B6921999-10-0404 October 1999 Notice of Withdrawal.* Informs That DG Moquin No Longer Represents State of UT in Proceeding & Notice of Appearance Withdrawn Effectively Immediately ML20212C1701999-09-20020 September 1999 Memorandum & Order (Revised General Schedule).* Orders That Parties Should Provide Board with Joint Rept That Outlines Suggested Schedule for Estimated One to Two Day Evidentiary Hearing.With Certificate of Svc.Served on 990920 ML20212B8351999-09-20020 September 1999 Memorandum & Order (Summary disposition-related Rulings).* Applicant 990903 Motion for Reconsideration &/Or Clarification of LBP-99-35 Denied.With Certificate of Svc. Served on 990920 ML20212B8271999-09-20020 September 1999 NRC Staff Correction to NRC Staff Objections & Responses to State of UT Second Set of Discovery Requests Directed to NRC Staff.* No Affidavit Being Provided in Support of Legal Change.With Certificate of Svc.Related Correspondence ML20212B3661999-09-13013 September 1999 Reply Declaration of M Resnikoff in Support of State of UT Second Amended Contention Q.* Statement of Qualications Was Filed on 971120,as an Exhibit to State of UT Contentions in Proceeding ML20212B3491999-09-13013 September 1999 State of UT Reply to Application & Staff Oppositions Ot late-filed Second Amended UT Contention Q.* Applicants Objections to Admission of Second Amended Contention Q Without Merit & Should Be Admitted.With Certificate of Svc ML20212B8451999-09-13013 September 1999 State of UT Response to Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribe B.* State Requests Denial of Motion.With Certificate of Svc ML20211N4821999-09-0909 September 1999 NRC Staff Response to Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribes B.* with Certificate of Svc ML20211N4651999-09-0909 September 1999 Order (Granting Motion for Leave to File Reply).* State of Utah 990909 Motion for Leave to File Reply Granted in That State Reply to 990903 Pfs & Staff Responses Shall Be Filed by 990913.With Certificate of Svc.Served on 990909 ML20211Q9211999-09-0909 September 1999 State of Utah Motion for Leave to Reply to Applicant & Staff Response to Second Amended Contention Q.* Neither Applicant Nor Staff Oppose Subj Motion.With Certificate of Svc ML20212A4521999-09-0808 September 1999 Transcript of 990908 Prehearing Conference Private Fuel Storage,Inc in Rockville,Md.Pp 1168-1215 ML20211M5571999-09-0707 September 1999 Order (Schedule for Responses to Reconsideration/ Clarification Motion).* Orders That Party Responses Be Filed on or Before 990913.With Certificate of Svc.Served on 990907 ML20211M4051999-09-0707 September 1999 NRC Staff Position Regarding Impact of LBP-99-34 on Other Contentions.* Staff Submits That Remaining ITP-related Contentions (or Portions of Contentions) Should Be Dismissed.With Certificate of Svc ML20211M3151999-09-0707 September 1999 Joint Rept to Aslb.* Authorizes Applicant to Submit Joint Rept Re Scheduling of Nov 1999 Evidentiary Hearing,Estimate of Time Trial & Security-C Hearings in Response to 990830 Memorandum & Order.With Certificate of Svc ML20211M5691999-09-0707 September 1999 Applicant Position on Dismissal of ITP-related Contentions.* Requests That ITP-related Portions of Contentions Be Dismissed.With Certificate of Svc ML20211Q9301999-09-0707 September 1999 State of Utah Response to Impact of Board Ruling in LBP-99-34 (Utah Contention B) as Ruling May Relate to Other Admitted Contentions.* Maintains That Relevant Parts of Contentions R & Not Be Dismissed.With Certificate of Svc ML20211N4901999-09-0303 September 1999 Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribes B.* with Certificate of Svc ML20211M5421999-09-0303 September 1999 Applicant Response to State of Utah Request for Admission of late-filed Second Amended Utah Contention Q.* Applicant Requests That Board Deny Utah Request.With Certificate of Svc ML20211M2411999-09-0303 September 1999 NRC Staff Response to State of Utah Request for Admission of late-filed Second Amended Utah Contention Q.* Recommends for Reasons Stated,That State Second late-filed Contention Q Be Rejected.With Certificate of Svc ML20211J8341999-08-31031 August 1999 State of UT Supplement Response to Applicant Second Discovery Request (Contention L).* State of UT Acceded to Applicant Request to Suppl State 990628 Discovery Request. with Certificate of Svc.Related Correspondence ML20211M2021999-08-31031 August 1999 Declaration of Jc Pechman.* Declaration of Jc Pechman Supporting Factual Statements Contained in State of Utah Supplemental Response to Applicant Second Discovery Request (Contention L),Filed on 990831 ML20211G9001999-08-30030 August 1999 Memorandum & Order (Administrative & Scheduling Matters).* Board Will Hold Telcon with Parties to Discuss Number of Administrative & Scheduling Matters Re Three Group I Issues for Litigation.With Certificate of Svc.Served on 990830 ML20211G8941999-08-30030 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contention Utah B).* Grants 990611 Motion for Summary Disposition of Pfs & Rendors Decision Re Contention Utah B in Favor of Pfs.With Certificate of Svc.Served on 990830 ML20211G8141999-08-30030 August 1999 Memorandum & Order (Granting in Part & Denying in Part Motion for Partial Summary Disposition Re Contention Utah K/Confederated Tribes B).* Decision Rendered in Favor of Pfs.With Certificate of Svc.Served on 990830 ML20211G8381999-08-30030 August 1999 Memorandum & Order (Denying Motion for Partial Summary Disposition of Contention Utah R).* Pfs Requests for Partial Summary Disposition on Part of Contention Utah R Denied. with Certificate of Svc.Served on 990830 ML20211E7411999-08-27027 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contentions security-A & security-B & Partial Summary Disposition Re Contention security-C).* Pfs Motion Granted. with Certificate of Svc.Served on 990827 ML20211E8231999-08-27027 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contention Utah G).* Order Granted for Reasons Given in Memo.Decision Regarding Contention Rendered in Favor of Pfs.With Certificate of Svc.Served on 990827 ML20211F0221999-08-27027 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contention Utah M).* Pfs Established No Genuine Issue as to Any Matl Fact & Is Entitled to Judgement in Favor as Matter of Law.W/Certificate of Svc.Served on 990827 ML20211G9031999-08-26026 August 1999 Applicant Second Supplement Response to State First Requests for Discovery.* Applicant Files Suppl Response,Per 10CFR2.740(e),to Name Addl Witness to Be Called at Hearing. with Certificate of Svc.Related Correspondence ML20211A6691999-08-23023 August 1999 Order (Schedule for Responses to Request for Admission of late-filed Second Amended Contention Utah Q).* Orders That Party Responses to State 990820 Request Be Filed on or Before 990903.With Certificate Svc.Served on 990823 ML20211B8411999-08-20020 August 1999 Supplemental Affidavit of a Ghosh.* Supplemental Affidavit of a Ghosh Re NRC Staff Objections & Responses to State of UT Second Set of Discovery Requests Directed to NRC Staff, Pertaining to Utah Contention K ML20211B8581999-08-20020 August 1999 Affidavit of B Sagar.* Affidavit of B Sagar Re NRC Staff Objections & Responses to State of Utah Second Set of Discovery Requests Directed to NRC Staff Re Utah Contention K ML20211B9701999-08-20020 August 1999 State of Utah Request for Admission of late-filed Second Amended Utah Contention Q.* for Stated Reasons,Second Contention Q Should Be Admitted.With Certificate of Svc. Related Correspondence ML20211C0091999-08-20020 August 1999 Declaration of M Resnikoff in Support of State of Utah Second Amended Contention Q.* ML20211A5701999-08-20020 August 1999 NRC Staff Objections & Responses to State of UT Second Set of Discovery Requests Directed to NRC Staff.* Staff Objects to State Discovery Requests.State Has Not Complied with NRC Regulations.With Certificate of Svc.Related Correspondence ML20211A5821999-08-20020 August 1999 NRC Staff Second Suppl Response to State of UT First Set of Discovery Requests Directed to NRC Staff.* Staff Reiterates & Renews Each Objection to State Discovery Requests.Related Correspondence ML20211M2121999-08-20020 August 1999 Declaration of M Resnikoff in Support of State of Utah Second Amended Contention Q.* ML20210S4791999-08-17017 August 1999 Order (Granting Motion for Leave to File Reply Pleading).* State 990816 Motion to File Reply to Pfs 990806 Response Granted in That State Has Up to 990818 to File Reply.With Certificate of Svc.Served on 990817 ML20210U3061999-08-16016 August 1999 State of Utah Motion for Leave to Reply to Applicant Response to Amended Contention Q.* Moves for Leave to Reply to Applicant 990806 Response to Request for Admission of late-filed Amended Contention Q.With Certificate of Svc ML20210S3501999-08-12012 August 1999 Errata to 990720 Declaration of Major General J Matthews, Us Air Force (Retired),Re Matl Facts in Dispute with Respect to Contention K.* Submits Errata Notification Re Paragraph 16 of 990720 Declaration.With Certificate of Svc ML20210Q6721999-08-10010 August 1999 State of Utah Supplemental Answers to Applicants General Interrogatories (Utah Contention R).* State Suppls Discovery Responses to General Interrogatories 3,4 & 5.With Certificate of Svc.Related Correspondence ML20210M4511999-08-0909 August 1999 Order (Granting Motion for Leave to File Reply to Response).* Grants State of Utah 990806 Motion for Leave to File Reply to NRC Staff 990805 Response.With Certificate of Svc.Served on 990809 1999-09-09
[Table view] Category:PLEADINGS
MONTHYEARML20217L8541999-10-21021 October 1999 State of Utah Motion for Leave to Reply to Applicant & Staff Responses to State of Utah Request for Admission of late- Filed Amended Utah Contention V.* NRC Staff Do Not Oppose Motion.With Certificate of Svc ML20212B3491999-09-13013 September 1999 State of UT Reply to Application & Staff Oppositions Ot late-filed Second Amended UT Contention Q.* Applicants Objections to Admission of Second Amended Contention Q Without Merit & Should Be Admitted.With Certificate of Svc ML20212B8451999-09-13013 September 1999 State of UT Response to Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribe B.* State Requests Denial of Motion.With Certificate of Svc ML20211Q9211999-09-0909 September 1999 State of Utah Motion for Leave to Reply to Applicant & Staff Response to Second Amended Contention Q.* Neither Applicant Nor Staff Oppose Subj Motion.With Certificate of Svc ML20211N4821999-09-0909 September 1999 NRC Staff Response to Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribes B.* with Certificate of Svc ML20211M5691999-09-0707 September 1999 Applicant Position on Dismissal of ITP-related Contentions.* Requests That ITP-related Portions of Contentions Be Dismissed.With Certificate of Svc ML20211Q9301999-09-0707 September 1999 State of Utah Response to Impact of Board Ruling in LBP-99-34 (Utah Contention B) as Ruling May Relate to Other Admitted Contentions.* Maintains That Relevant Parts of Contentions R & Not Be Dismissed.With Certificate of Svc ML20211M4051999-09-0707 September 1999 NRC Staff Position Regarding Impact of LBP-99-34 on Other Contentions.* Staff Submits That Remaining ITP-related Contentions (or Portions of Contentions) Should Be Dismissed.With Certificate of Svc ML20211N4901999-09-0303 September 1999 Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribes B.* with Certificate of Svc ML20210U3061999-08-16016 August 1999 State of Utah Motion for Leave to Reply to Applicant Response to Amended Contention Q.* Moves for Leave to Reply to Applicant 990806 Response to Request for Admission of late-filed Amended Contention Q.With Certificate of Svc ML20210Q6801999-08-0909 August 1999 State of Utah Response to Applicant Motion for Partial Summary Disposition of Utah Contention R & Reply to Staff Response to Applicant Motion.* State Requests Opportunity to Cross Examine Applicant Witnesses.With Certificate of Svc ML20210N3431999-08-0606 August 1999 State of Utah Response to Applicant Motion to Strike Part of State of Utah Response to Application Motion for Summary Disposition of Contention Utah K.* State of Utah Withdraws Arguments Re Tekoi Facility.With Certificate of Svc ML20210N3531999-08-0606 August 1999 State of Utah Motion for Leave to Reply to NRC Staff Response to Amended Contention Q.* State Disagrees with Staff Characterization of History & Significance of State Attempts to Raise Contention Q.With Certificate of Svc ML20210M5531999-08-0404 August 1999 State of UT Reply to NRC Staff Response in Support of Applicant Partial Motion for Summary Disposition of UT Contention K & Confederated Tribes Contention B - Inadequate Consideration of Credible Accidents.With Certificate of Svc ML20210L0851999-08-0404 August 1999 NRC Staff Unopposed Motion for Extension of Time to Respond to State of UT Second Set of Discovery Requests Directed to NRC Staff.* Staff Requests Time Extension to Respond to Utah Discovery Requests.With Certificate of Svc ML20210H7941999-07-30030 July 1999 State of Utah Response to Applicant Motion to Compel Answers to Interrogatories for Utah Contention O.* State Fully & Completely Answered Applicant Four Interrogatories & Motion to Compel Should Be Dismissed.With Certificate of Svc ML20210H9141999-07-30030 July 1999 Applicant Motion to Strike Part of State of Utah Response to Applicant Motion for Summary Disposition of Contention Utah K.* for Listed Reasons,Board Should Strike Portion of State Response.With Certificate of Svc ML20216D6331999-07-28028 July 1999 NRC Staff Response to Applicant Motion for Partial Summary Disposition of Utah Contention R - Emergency Plan.* Staff Supports Applicant Motion for Partial Summary Disposition of Utah Contention R & Recommends That Motion Be Granted ML20210H8201999-07-27027 July 1999 State of UT Response to Applicant Motion for Summary Disposition of UT Contention G.* State Granted an Extension of Time Until 990630 to File Simultaneous Response to Applicant Motion & Reply to Staff Response ML20210H8371999-07-27027 July 1999 State of Utah Response to Applicant Motion for Summary Disposition of Utah Contention M.* State of Utah Has Reviewed Pleadings & Will Not Be Filing Responses to Applicant Motion or Staff Response.With Certificate of Svc ML20210H8581999-07-26026 July 1999 State of UT Response to NRC Staff Response to Applicant Motion for Summary Disposition of Contention UT B.* Summary Disposition of UT Contention B Should Be Rejected by Board.With Certificate of Svc ML20210E3071999-07-22022 July 1999 State of Utah Unopposed Motion for Extension of Time to Respond to Applicant Motion to Compel Answers to Interrogatories (Contention O).* Neither NRC Nor State of UT Oppose Motion.With Certificate of Svc ML20210E3181999-07-22022 July 1999 State of UT Request for Admission of late-filled Amended Utah Contention Q.* Amended Contention Q Meets Commission Std for Late Filed Contentions & Should Be Admitted.With Certificate of Svc.Related Correspondence ML20210E4701999-07-22022 July 1999 State of UT Opposition to Applicant Motion for Partial Summary Disposition of UT Contention K & Confederate Tribes Contention B.* Response Raises Significant Safety Concerns That Applicant Has Not Addressed.With Certificate of Svc ML20210C6601999-07-22022 July 1999 NRC Staff Response to Applicant Motion for Partial Summary Disposition of Utah Contention K & Confederated Tribes Contention B.* Staff Submits That Applicant Entitled to Decision in Applicant Favor ML20210C6561999-07-20020 July 1999 State of UT Unopposed Motion for Extension of Time for Partial Response to Applicant Motion for Partial Summary Disposition of UT Contention K & Confederated Tribes Contention B.* with Certificate of Svc ML20210C6681999-07-20020 July 1999 Applicant Motion to Compel Answers to Interrogatories by State of Ut.* Board Should Compel State to Produce Info Requested by Applicant Interrogatories 2-4 & 6 Re Utah O. with Certificate of Svc ML20209H6861999-07-19019 July 1999 NRC Staff Response to Applicant Motion for Summary Disposition of Utah Contention G (Qa).* NRC Supports Motion for Summary Disposition of Utah Contention G & Recommends That Motion Be Granted ML20209H6951999-07-19019 July 1999 NRC Staff Response to Applicant Motion for Summary Disposition of Utah Contention M - Pmf.* Staff Supports Applicant Motion for Summary Disposition of Utah Contention M & Recommends That It Be Granted ML20210B1231999-07-16016 July 1999 State of Utah Opposition to Applicant Motion for Summary Disposition of Utah Contention B.* State Opposes Applicant 990611 Motion & Believes Applicant Not Entitled to Summary Disposition as Matter of Law.With Certificate of Svc ML20209G7171999-07-16016 July 1999 NRC Staff Response to Applicant Motion for Summary Disposition of Contention Utah B.* Supports Motion for Summary Disposition of Contention Utah B.Motion Should Be Granted.With EP Easton Affidavit & Certificate of Svc ML20209G0911999-07-13013 July 1999 State of Utah Motion to Dismiss Utah Contentions F & P.* Moves for Dismissal of Utah Contentions F & P,With Prejudice,Which Relate to Training Program for Private Fuel Storage Facility.With Certificate of Svc ML20196K8421999-07-0707 July 1999 NRC Staff Response to State of UT Request for Admission of late-filed Amended UT Contention C.* State late-filed Contention C Should Be Rejected as Failing to Satisfy Commission Requirements Admission.With Certificate of Svc ML20196K5101999-07-0101 July 1999 State of UT Response to Applicant Motion for Summary Disposition of Contentions UT Security a & Security B & Partial Summary Disposition of Contention UT Security C.* with Certificate of Svc ML20196K5201999-07-0101 July 1999 Joint Motion for Extension of Time to Respond to Summary Disposition Motions on Contentions F & P.* Staff Has No Objection to Motion as Long as Time for Response Similarly Extended,As Requested.With Certificate of Svc ML20196K5221999-07-0101 July 1999 Applicant Request to Exceed Page Limitation for Response to State of UT Request for Admission of late-filed Amended UT Contention C.Applicant Requests to Be Allowed to File Up to 20 Page Response to Contention C.With Certificate of Svc ML20212J5561999-07-0101 July 1999 NRC Staff Response to Applicant Motion for Summary Disposition of UT Security a & Security B & Partial Summary Disposition of UT Security C.* Staff Supports Applicant Motion for Summary Disposition on UT Security A,B & C ML20196K5041999-06-30030 June 1999 Joint Motion for Extension of Time to Respond to Summary Disposition Motions & Motions to Compel on Discovery (Group II & III Contentions).* Submits Schedule & Request Approval for Extensions of Time.With Certificate of Svc ML20196K5781999-06-30030 June 1999 Unopposed Motion for Extension of Time to Respond to Summary Disposition Motion on Contentions F/P.* Requests Extension from 990701 Until 990706 to File Response to Applicant Motion for Summary Dispositions F/P.With Certificate of Svc ML20196F9231999-06-28028 June 1999 Applicant Motion for Summary Disposition of UT Contention M Probable Max Flood.* Board Should Grant Summary Disposition with Respect to Contention Utah M.With Certificate of Svc ML20196F9491999-06-28028 June 1999 Applicant Motion for Partial Summary Disposition of Utah Contention R - Emergency Plan.* Board Should Grant Pfs Partial Summary Disposition of UT R.With Certificate of Svc ML20196G5281999-06-28028 June 1999 Applicant Motion for Summary Disposition of Utah G.* Board Should Grant Summary Disposition for Utah G,For Stated Reasons.With Certificate of Svc ML20196F1371999-06-25025 June 1999 NRC Staff Response to Applicant Motion for Partial Summary Disposition of UT Contention H (Inadequate Thermal Design).* Staff Submits That Applicant Entitled to Decision in Favor as Matter of Law,On Subparts 3,4 & 5 of Contention UT H ML20196F9691999-06-25025 June 1999 State of Utah Opposition to Applicant Partial Motion for Summary Disposition of Utah Contention H-inadequate Thermal Design (Document Redacted).* Opposition Supported by M Resnikoff.With Certificate of Svc.Partially Withheld ML20212H7861999-06-21021 June 1999 State of UT Unopposed Motion for Extension of Time for State to Respond to Applicant Summary Disposition Motions for UT Contentions B & K.* Neither Applicant Nor NRC Staff Oppose Motion.With Certificate of Svc ML20196A9581999-06-16016 June 1999 Applicant Response to Ogd Motion to Compel Applicant to Answer Interrogatories & Produce Documents.* Requests That Ogd Motion to Compel Be Dismissed for Reasons Stated.With Certificate of Svc ML20196A8871999-06-16016 June 1999 Joint Motion for Extension of Schedule for Discovery Responses & Showing of Good Cause.* Private Fuel Storage & State of UT Request That Board Extend Date of Response to 990628.With Certificate of Svc ML20195G3531999-06-11011 June 1999 Applicant Motion for Summary Disposition of Contention Utah B.* Recommends That Board Grant Pfs Summary Disposition on Utah Contention B & Dismiss Contention for Reasons Stated. with Certificate of Svc ML20196A2171999-06-11011 June 1999 Statement of Matl Facts on Which No Genuine Dispute Exists.* Applicant Submits Statement in Support of Motion for Summary Disposition of Contentions Utah Security a & B & Partial Security-C.With Certificate of Svc ML20195J4181999-06-11011 June 1999 Intervenor Ohngo Gaudadeh Devia Response Opposing Applicant Motion to Quash Deposition of Leon Bear.* Ogd Requests That Motion for Extension of Discovery Be Granted & Pfs Motion to Quash Notice of L Bear Be Rejected.With Certificate of Svc 1999-09-09
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s , o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g' cman k7, ! -
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r DCT 101997 -
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 3 Ruta w o m io l'--
WrArv e v In the Matter of ) '6 ~@
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PRIVATE FUEL STORAGE, LLC ) Docket No. 72-22-ISFSI
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(Independent Spent )
Fuel Storage Installation) )
NRC STAFF'S RESPONSE TO STATE OF UTAH'S MOTION TO SUSPEND LICENSING PROCEEDINGS AND TO REOUIRE RENOTICE OF THE APPLICATION INTRODUCTION On October 1,1997, the State of Utah filed a motion seeking (1) the suspension of this proceeding, pending the establishment of a Local Public Document Room ("LPDR") in the vicinity of the site of the independent spent fuel storage installation ("ISnSI") proposed to be constructed and operated by Private Fuel Storage, L.L.C. ("PFS" or "the Applicant"), and the submission of a " substantia!!y complete" application by the Applicant, and (2) issuance of an Order requiring that the opportunity for hearing in this proceeding be renoticed in the Federal Register.'
' " State of Utah's Motion to Suspend Licensing Proceedings Pending Establishment of a Local Public Document Room and Applicant's Submission.of a Substantially Complete Application, and Request for Re-Notice of Construction Permit / Operating License Application,"
dated October 1,1907 (" Motion").
9710240168 971010 PDR ADOCK 07200022 C PDR ..,
jfd
In accordance with 10 C.F.R. I 2.730 and the Licensing Board's scheduling Order of
. October ',1997,2 the NRC Staff (" Staff") hereby responds to the State's Motion. For the reasons set forth below, the Staff submits that the Motion should be denied.
BACKGROUND On June 20,1997, PFS applied for a license, pursuant to 10 C.F.R. Part 72, to receive, transfer and possess power reactor spent fuel and other radioactive material associated wi.th spent fuel storage in an independent spent fuel storage installation, to be constructed and operated on the Skull Valley Indian Reservation in Tooele County, Utah. On July 31,1997, the Commission published a " Notice of Consideration ofIssuance of a Materials License for the Storage of Spent Fuel and Notic: of Opportunity for a Hearing," concerning the PFS application. 62 Fed. Reg.
41,099 (July 31,1997). The Notice provided that by September 15,1997, "any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene with respect to the subject materials license in accordance with the provisions of 10 C.F.R. 2.714."
Id. In response to the Notice, five requests for hearing and/or petitions for leave to intervene were filed by various persons, including the State of Utah.
As required by the Licensing Board's Order of September 23,1997, on October 1,1997, the Staff filed a status report concerning its anticipated review schedule.S The Staff indicated 2
" Memorandum and Order (Schedule for Responses to Motions to Suspend Proceeding and for Extension of Time to Fue Contentions)," dated October 7,1997.
3 "NRC Staff's Status Report and Response to Requests for Hearing and Petitions to Intervene Filed by (1) the State of Utah, (2) Skull Valley Band of Goshute Indians, (3) Olmgo Gaudadeh Devia, and (4) Castle Rock Land and Livestock, L.C., et al.," dated October 1,1997.
3-that it cuiTently expects to complete a draft environmental impact statement (EIS) within approximately two years, with a Final EIS to be issued approximately six to twelve months later.
Further, the Staff indicated that it currently expects to issue a safety evaluation report (SER) in approximately two to three years. The Staff noted that its review schedule depends upon the prior occurrence of certain other events, including completion of the certification process for the casks to be used by PFS, and the receipt of timely and complete responses from PFS to any requests for information which may be transmitted by the Staff during its review. Id.
DISCUSSIO,H A. The State's Reauest to Suspend the Proceed nc.
The State of Utah requests that the proceeding be suspended pending the establistunent of an LPDR and the submission of a "substantially complete" application by PFS. The State has not provided sufficient cause to warrant this relief.
Although the State argues that the application lacks certain information (Motion at 3-4 and Il-14), it is beyond dispute that the application (including, inter alia, the safety analysis report, environmental report, and emergency plan),' does contain a considerable amount of information and that it has been docketed for review by the Staff. The question as to whether the application was acceptable for docketing was a determination properly to be made by the Staff, alone. See 10 C.F.R. El 2.101(a)(3), 72.16(e); New Englar.d Power Co. (NEP, Units 1 and 2), LBP-78-9, 7 NRC 271, 280 (1978). Further, even if the State is correct in its assertion that portions of the application are incomplete or lacking in detail, that would not require that
- &e Letter from John D. Parkyn (PFS) to Director, Division of Indust 4ial and Medical Nuclear Safety, NMSS, dated June 20,1997.
- l. .
the proceeding be suspended. NEP, sqpra,,7 NRC at 282-83.s This is true notwithstanding the -
possibility, as alleged by the State (Motion at 14), that subsequent supplementation by PFS could
- trigger the filing of revised or supplemental contentions.'
Further, the State's concern over its current lack of access to proprietary documents, such as safety analysis reports pertaining to spent fuel casks (Id. at 10-11), may well be cured by the release of those documents under a confidentiality agreement prior to the deadline for filing
. contentions, or might be cited in support of a request to file certain contentions later - but, in any event, would not constitute good cause for the total suspension of the proceeding at this time. Nor does the State's assertion that the emergency plan has not been submitted for comment to all appropriate organizations7 warrant the suspension of this proceeding, since any .
- s As the Board in NEP further observed, " itutes or regulations are violated by the NRC's announced long-standing practice of dou ag incomplete applications which the 5
applicut is required to flesh out by means of detailer'. requests for further information and data."
NEP, supra, 7 NRC at 281. See also, Curators of the University of Missouri (TRUMP-S Project), CU-95 8,41 NRC 386, 395.(1995) (rejecting the view that an application must be rejected when flaws are found, and may not be modified or improved as the NRC review goes forward, as " incompatible with the dynamic licensing process followed in Commission licensing proceedings"); Curators of the University of Missouri (TRUMP-S Project), CLI-95-1,41. NRC 71, 96 (1995).
- See generally, Duke Power Co. (Catawba Nuclear Station, Units 1 and 2), CU-83-19, 17 NRC 1041,1045-48 (1983) (discussing criteria for acceptance of late-filed contentions).
' The State asserts that the emergency plan were not submitted for comment to offsite response organizations expected to respond in an emergency "except Tooele County," allegedly in violation of 10 C.F.R.= i 72.32 (Motion at 13). It appears that the emergency plan was submitted for _ comment to at least one offsite response organization, the Tooele County-Department of Emergency Management, which then submitted comments on behalf of itself and the Tooele County Sheriffs dep nuenti See Letter from Kari Sagers to John D. Parkyn, dated June 3,1997 (appended to emergency plan). The State has not provided any reason to believe that comments by other officials were reu, red pursuant to 10 C.F.R. i 72.I2.
4
, . . . , . - ., [ .r..,s. ,,,.,,.--y- . , , 4 -
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-such failure could be remedied by forwarding the plan to such persons or by other means, .$
without prejudice to the petitioners or PFS.
- Similarly, although the establishment of a local Public Document Room (LPDR) could .
- serve to facilitate the petitioners' formulation of contentions in this proceeding (Motion at 6-10), -
~
PFS has apparently alrea.fy transmitted the application and accoropanying documeets to the State-of Utah,8 and no reason appears why other persons could not have obtained copies of those documents from the State or PFS, or from the NRC (via the Public Document Room in Washington, D.C., or a Freedom of Information Act request) upon learning that the NRC had received and/or docketed the application. Further, as the State recognizes (Id. at 6), there is no legal requirement that an LPDR be established prior to the commencement of hearings in
- proceedings on ISFSI applications.' .
Finally, the Staff wishes to inform the Licensing Board and petitioners that an LPDR site in Salt IAe City has now been identified, and it is expected that the LPDR will be established 8 See, e.g., " Applicant's Answer to the State of Utah's Motion for an Extension of Time to File Contentions," dated October 6,1997, at 3),-
'iWhile the State argues that a July-7 -1997 Federal Register notice concerning the establishment of an LPDR reflected an " implicit" intent to establish the LPDR "at the' earliest
. possible date, before the proceeding commences". (Motion at 8), no such intent, explicit or implicit, appears in that Notice. Rather, the Notice indicates only that an LPDR will be established."once the application . . . has been docketed." See " Private Fuel Storage, LLC Independent Spen: Fuel Storage Installation: Intent to Establish Local Public Document Room,"
- .
- 62 Fed. Reg. 36320 (July 7,1997),
i
_..._,,w. - . . . . - . . . ~ - . -
and functioning shonly.' Thus, no reason has beca shown which would suppon the suspension of the proceeding at this time.
B. The State's Request to Renotice the Onoortunity for Hearine.
'Ihe State of Utah requests that the opponunity for hearing in this matter be renoticed in the Federal Register (Motion at 15-16). The State, however, fails to demonstrate sufficient cause to warrant the grant of this relief." The initial Federal Register notice, published on July 31,1997, provides ample notice to all interested persons of the nature of the proceeding ad the requirements for filing petitions to intervene. The fact that PFS may provide funher mformation in supplementing its application is to be expected (see discussion supra, at 3-4), and i does not vitiate the initial notice.
Similarly, the fact that an EIS or SER may not issue until two to three years after the commencement of the proceeding does not constitute an " extremely long" review time (Motion
' The Staff has learned that the University of Utah's Marriott Library, located in Salt Lake City, has agreed to host the LPDR. Microfiched documents will be transmitted to the Marriott Library shortly, and a notice announcing the establishment of the LPDR will be published in the Federal Register in the near future. Perscns desiring to contact or visit the LPDR may contact Mr. Ixe Warthen at the Marriott Library documents department.
" The State asserts that the Licensing Board "has the authority to order re-notice of the opponunity for hearing," citing Rochester Gas & Electric Corp. (R.E. Ginna Nuclear Plant, Unit 1), LBP-83-73,18 NRC 1231 (1983), where a notice published nine years prior to issuance of the Staffs SER was found to be " stale." (Motion at I n.1). However, while renoticing was ordered in the Ginna proceeding, neither in that case nor in any other reponed NRC decision was the Licensing Eoard's authority to require renoticing directly addressed. In this regard, the Staff notes that while 10 C.F.R. I 2.718 authorizes the presiding officer to exercise all powers necessary "to conduct a fair and impanial hearing according to law, to take appropriate action to avoid delay, and to maintain order," including the power to "(e) (r]egulate the course of the hearing," 10 C.F.R.9 2.105(a)(7) specifies that a notice of opportunity for hearing is to be issued by the Commission. Thus, the Licensing Board's authority to require renoticing (as distinct from finding that a prior notice is stale) is not altogether clear.
l
at 15) and, indeed, does not differ substantially from the Staff's review schedule in other proceedings, Nor does a period of two to three years constitute so long a period of time as to render the prior notice of opportunity for hearing " manifestly stale," under the reasoning of the Appeal Board's decision in Houston Lighting and Power Co. (Allens Creek Nuclear Generating Station, Unit 1), ALAB-539,9 NRC 422,425 (1979)(a delay of "perhaps 5 to 10 years" would render a prior notics of hearing " manifestly stale" so as to " vitiate" that prior notice).
Accordingly, no reasca has been shown which would require republishing the notice of oppottunity for hearing in the Federal Register.
CONCLUSION For the reasons set forth above, the Staff submits that the Se of Utah has not shown that a suspension of this proceeding is required at this time or that the notice of opportunity for hearing should be republished in the Federal Register Accordingly, the Staff opposes the State's Motion and recommends that it be denied.
Respectfully submitted, WID f Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 10th day of October 1997