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| | number = ML20216G269 | | | number = ML20216G269 |
| | issue date = 09/02/1997 | | | issue date = 09/02/1997 |
| | title = Responds to 970731 Ltr Re Requests from Executive Director of Utah Dept of Environ Quality for Action Under 10CFR2.206. Staff 970806 & 0811 Responses to Requests Encl | | | title = Responds to Re Requests from Executive Director of Utah Dept of Environ Quality for Action Under 10CFR2.206. Staff 970806 & 0811 Responses to Requests Encl |
| | author name = Jackson S, The Chairman | | | author name = Jackson S, The Chairman |
| | author affiliation = NRC COMMISSION (OCM) | | | author affiliation = NRC COMMISSION (OCM) |
| Line 11: |
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| | contact person = | | | contact person = |
| | document report number = 2.206, NUDOCS 9709150021 | | | document report number = 2.206, NUDOCS 9709150021 |
| | | title reference date = 07-31-1997 |
| | package number = ML20216G275 | | | package number = ML20216G275 |
| | document type = CORRESPONDENCE-LETTERS, OUTGOING CORRESPONDENCE | | | document type = CORRESPONDENCE-LETTERS, OUTGOING CORRESPONDENCE |
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| ==Dear Congressman Cook:== | | ==Dear Congressman Cook:== |
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| I am responding to your letter of July 31,1997, regarding requests from the Executive Director of the Utah Department of Environmental Quality (DEO) for action under 10 CFR 2.200 of the Nuclear Regulatory Commission's regulations. I am enclosing the staffs August 6,1P97, and August 11,1997, respontes to the requests. While the DEQ's concems will be con',dered by the staff during its licensing review of the application by Private Fuel Storage to build and operate an independent spent fuel storage installation, a 2.206 petitioq is designed to handle enforcement requests and is not an appropriate procedure for objecting to a license application. Rather, the process afforded States, and members of the public for contesting the adequacy of a license application is a request for hearing and petition to intervene in the licensing proceeding in accordance with 10 CFR 2.714 of the Commission's regulations. This process was described to Dr. Nielson in our August 11,1997, letter and is fully explained in the " Notice of Consideration of Issuance of a Materials License for the Storage of Spent Fuel and Notice of Opportunity for Hearing | | I am responding to your letter of July 31,1997, regarding requests from the Executive Director of the Utah Department of Environmental Quality (DEO) for action under 10 CFR 2.200 of the Nuclear Regulatory Commission's regulations. I am enclosing the staffs August 6,1P97, and August 11,1997, respontes to the requests. While the DEQ's concems will be con',dered by the staff during its licensing review of the application by Private Fuel Storage to build and operate an independent spent fuel storage installation, a 2.206 petitioq is designed to handle enforcement requests and is not an appropriate procedure for objecting to a license application. Rather, the process afforded States, and members of the public for contesting the adequacy of a license application is a request for hearing and petition to intervene in the licensing proceeding in accordance with 10 CFR 2.714 of the Commission's regulations. This process was described to Dr. Nielson in our {{letter dated|date=August 11, 1997|text=August 11,1997, letter}} and is fully explained in the " Notice of Consideration of Issuance of a Materials License for the Storage of Spent Fuel and Notice of Opportunity for Hearing |
| * which was published in the Federal Benister on July 31,1997. A copy is also enclosed. The notice provides a 45-day period for the submission of intervention petitions. | | * which was published in the Federal Benister on July 31,1997. A copy is also enclosed. The notice provides a 45-day period for the submission of intervention petitions. |
| The staffs determination that the Private Fuel Storage, Limited Liability Company, (PFS) application contained suffic'ent laformation for docketing is independent of any subsequent determination on the sufficiency of the information in the application in terms of demonstrating compliance with the applicable regulatory requirements in 10 CFR Pari 72. | | The staffs determination that the Private Fuel Storage, Limited Liability Company, (PFS) application contained suffic'ent laformation for docketing is independent of any subsequent determination on the sufficiency of the information in the application in terms of demonstrating compliance with the applicable regulatory requirements in 10 CFR Pari 72. |
|
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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20217E0661999-10-12012 October 1999
Forwards Original Declaration of M Resnikoff in Support of State of Utah Amended Contention V, ,not Available at Time State of UT 991004 Request for Admission of late-filed Amended Utah Contention V.Related Correspondence
ML20212G0161999-09-24024 September 1999
Forwards Copy of That NRC Received from Jp Jp Kennedy Re L Bear Representation of Skull Valley Band of Goshute Indians in Connection with ISFSI Proposed to Be Constructed by Pfs Llc.Related Correspondence.Without Encl
ML20212G0461999-09-20020 September 1999
Forwards Original Signed Reply Declaration of M Resnikoff in Support of State of Utah Second Amended Contention Q,
ML20216F3981999-09-20020 September 1999
Forwards List of Documents Responsive to State Second Discovery Request.Without Encl.Related Correspondence
ML20211P6341999-09-0909 September 1999
Forwards Calculation Package List in Re Rev of Submittal Schedule.List of Contents Submitted
ML20211Q9251999-09-0808 September 1999
Informs That Author Recently Became Aware of Evidence Which Author Believes Reflects Serious Conflicts with Evidence Presented to & Being Relied Upon by Licensing Board Re Pfs.Related Correspondence
ML20211M6741999-09-0303 September 1999
Responds to NRC 990819 Telcon Re Projected Future Growth in Civilian & Military Air Traffic,Use of Flight Termination Systems for Cruise Missiles & Info on Recent Cruise Missile Incident
ML20211M1871999-09-0202 September 1999
Forwards Original Signed Documents Which Include Declaration of Jc Pechman Re Contention L,Declaration of M Resnikoff, Re Utah Contention Q & Declaration of M Resnikoff Re Utah Contention R
ML20210L9461999-08-0505 August 1999
Forwards Signed Original (Plus Two Copies) of Declaration of J Cooper Verifying Applicant Amended Response to State Second Requests for Discovery (Group I),Inadvertently Excluded from .Related Correspondence
ML20210M4411999-08-0404 August 1999
Forwards Signed Original (Plus Two Copies) of Declaration of J Cooper Verifying Applicant Amended Response to State Second Requests for Discovery (Group I) to Replace Facsimile Copy
ML20210B3341999-07-20020 July 1999
Informs That on 990628,State of UT Filed Objections & Responses to Applicant Second Set of Discovery Requests with Respect to Group II & III Contentions. Related Correspondence
ML20209E4561999-07-12012 July 1999
Forwards Signed Original (Plus Two Copies) of Declaration of Jl Donnell Verifying Applicant Supplemental Response to Ogd First Set of Discovery Requests
ML20196K5141999-07-0101 July 1999
Forwards Signed Originals of Declarations & Affidavits to Replace Facsimile Copies,Including Declarations of Davis, Jd Parkyn,E Supko,Verifying Applicant Discovery Responses to State Second Request for Discovery (Group II & III)
ML20209A8171999-06-30030 June 1999
Forwards Original Signed Documents Which Had Not Been Available at Time Certain State Pleadings Filed.Related Correspondence
ML20196F1571999-06-25025 June 1999
Forwards Declarations & Affidavits to Replace Facsimile Copies of Jl Cole,W Hennessy,D Axt,J Cooper,Dw Lewis, J Donnell & Wj Jacobs Filed on 990604 & W Jacobs,J Cooper, F Davis & C Britton Filed on 990607.Related Correspondence
ML20196C4431999-06-21021 June 1999
Confirms 990621 Telcon Re NRC Response to State of Utah First Set of Discovery Requests Directed to NRC, .NRC Agreed That Staff Would Respond to Discovery Requests as Listed.Related Correspondence
ML20196A8791999-06-18018 June 1999
Forwards Signed Original Declarations of J Johns & B Brunsdon to Replace Unsigned Copies That Pfs Filed with Motion for Partial Summary Disposition of Contention Utah K, on 990607
ML20196C3691999-06-18018 June 1999
Forwards Original Signed Documents (Plus Two Copies of Each) Which Had Not Been Available at Time Certain State Pleadings Filed.Declaration of M Resnikoff Encl
ML20196C3841999-06-18018 June 1999
Forwards Original Signed Documents (Plus Two Copies of Each) Which Had Not Been Available at Time Certain State Pleadings Filed.Declaration of D Larsen,B Brandford,N Taylor & DB Cole Encl.Related Correspondence
ML20195H3711999-06-0909 June 1999
Discusses Statement Specifying What Portions of Licensee 990527 Motion to Compel No Longer Require Board Action
ML20195D7171999-06-0808 June 1999
Forwards Figure Entitled, Comparative Single-Engine Fighter/Attack Class a Flight Mishap Rates, That Should Have Been Included in Rept of Jl Cole.Figure Should Be Inserted in Rept After Page 13
ML20207G1491999-06-0808 June 1999
Forwards Rev 2 to Private Fuel Storage,Llc Physical Protection Plan & Rev 1 to Contingency Plan & Training & Qualification Plan.Plans Withheld from Public Disclosure Per 10CFR73.21
ML20195D6531999-06-0707 June 1999
Forwards Exhibit 1 to Applicant Opposition to Ogd Motion to Extend Discovery & Motion to Quash Ogd Notice of Deposition of L Bear.Exhibit Inadvertently Omitted from Opposition When Filed
ML20207E3351999-06-0101 June 1999
Forwards Affidavit of W Lewis Filed in Support of Applicant Partial Motion for Summary Disposition with Respect to Utah H & Affidavits of J Donnell & J Cooper to Applicant Objections & Answers to Suwa First Discovery Request
ML20207E3471999-05-28028 May 1999
Forwards Check in Listed Amount to Cover Witness & Mileage Fees for Ld Bear.Motion Filed to Extend Discovery Period & Notice of Deposition for Ld Bear.Without Encl.Related Correspondence
ML20207A5601999-05-20020 May 1999
Provides Board with Background Re Footnote 2 Which Appeared in Board 990511 Order Ruling on Applicant 990422 Motion to Compel in Which Listed Info Was Stated
ML20206R9461999-05-19019 May 1999
Submits Motion for Partial Summary Disposition of Contention Utah H.Affidavit of I Rampall & Some of Related Exhibits Filed with Pfs Motion,Contain Holtec Intl Proprietary Info & Ask That Affidavit & Exhibits Be Maintained as Confidential
ML20206R8871999-05-14014 May 1999
Submits Amended Proprietary Response to State of Utah First Set of Discovery Requests,Specifically Responses to Interrogatories 1-3 for Utah Contention H & Forwards Affidavits of Ai Soler & I Rampall
ML20206H8721999-05-0505 May 1999
Forwards State Comments on Proposed Rulemaking Re Changes to Requirements for Environ Review for Renewal of NPP Operating License, & Errata Ltr
ML20206H8181999-05-0505 May 1999
Forwards Affidavits Verifying Private Fuel Storage Answers to Interrogatories & Requests for Admissions Filed by Pfs on 990421,in Response to State of Utah First Set of Discovery Requests.Related Correspondence
ML20205S0301999-04-21021 April 1999
Informs That Pfs Submitted non-proprietary Response & Proprietary Response to State of UT First Set of Discovery Request.Proprietary Response Contains Matl from Holtec Rept HI-992134.Related Correspondence
ML20206B6701999-04-21021 April 1999
Forwards Original Affidavit & Verification of Jd Parkyn Filed in Conjunction with Applicant Objections & Responses to State of Utah First Set of Discovery Requests & Affidavit of W Hennessy Filed in Support of Applicant Motion
ML20204D0671999-03-19019 March 1999
Clarifies Inaccuracy in Record of 990216 Appeal Filed by Pfs,Llc Appealing ASLB 990203 Memo & order,LBP-99-3. Believes That 500 Foot Corridor for Rail Line Insignificant to Arguments Made on Appeal.With Certificate of Svc
ML20207A2091999-02-10010 February 1999
Informs That Private Fuel Storage Encl Security Plan Has Been re-titled, Physical Protection Plan, to Be Consistent with Terminology of New Regulations.Without Encl
ML20198J0501998-12-21021 December 1998
Submits Notice of Withdrawal from Proceeding of Castle Rock Land & Livestock,Lc & Skull Valley Co,Ltd.Requests That Board Promptly Accept & Approve Notice of Withdrawal
ML20196B2751998-11-24024 November 1998
Submits Rept on Status of Informal Discovery Re Private Fuel Storage,Iaw Board 981029 Order.Parties Have Initiated Informal Interview Process
ML20196B1851998-11-23023 November 1998
Requests on Behalf of Castle Rock That State of Utah Take Over as Lead Party on Consolidated Contentions AA & 13
ML20155J1041998-11-0909 November 1998
Ack Receipt of Requesting Broad Range of Info from NRC Staff Re Safety Record & Funding of Commerical Nuclear Power Reactor & Other Fuel Storage Proposal Pending Before Commission.Related Correspondence
ML20155A3981998-10-23023 October 1998
Files Joint Rept on Status of Informal Discovery IAW Board Memorandum & Order of 981001
ML20154H2501998-10-0505 October 1998
Forwards M Resnikoff Original Declaration,Which Had Not Been Available at Time of Filing of State of UT Contentions Relating to Low Pail Transportation License Amend,
ML20154B8741998-10-0101 October 1998
Forwards Pleading, Correction to State of UT Contentions Re Low Rail Transportation License Amend, That Was Not Mailed on 980930,as Stated on Certificate of Svc,Due to Miscommunication
ML20237F0541998-08-28028 August 1998
Informs That,In Response to Board 980820 Order Re Proposed Telcon Scheduled for 981001 or 02,no Attorneys for Utah Attorney General Ofc Will Be Available Due to Ofc Mandatory Cle Training/Retreat to Be Held.W/Certificate of Svc
ML20237C2321998-08-19019 August 1998
Second Final Response to FOIA Request for Documents.Records Subj to Request Encl & Being Made Available for Public Insp
ML20237B5521998-08-14014 August 1998
Files Joint Rept on Status of Informal Discovery in Accordance W/Board 980629 Memorandum & Order (General Schedule for Proceeding & Associated Guidance).W/Certificate of Svc
ML20236X4821998-08-0303 August 1998
Partial Response to FOIA Request for Documents.App a Records Encl & Available in Pdr.App B Records Partially Withheld (Ref FOIA Exemption 4).App C Records Completely Withheld (Ref FOIA Exemption 5)
ML20236W1691998-07-30030 July 1998
Forwards One of Two Originals of Holtec/Deq Confidentiality Agreement,Rev 1,signed by Dr Nielson,Executive Director of UT Dept of Environ Quality.Related Correspondence
ML20236R4911998-07-17017 July 1998
Discusses Informal Discovery Re Private Fuel Storage.Copies of All Listed Documents in Possession,Custody or Control of Private Fuel Storage Requested to Be Reviewed.Related Correspondence
ML20236S8841998-07-15015 July 1998
Informs That Licensee Anticipates Submitting Revised License Application Documents by 980828 in Response to 980707 Info Request.Amend Will Include Info for New Corridor for Rail Option as Well as Change in Location for Heavy Haul Option
ML20236M5741998-07-0909 July 1998
Responds to Concerning Pfs Transmittal of NRC Licensing Documents to State.Records Indicate That License Amend Was Sent by Us Mail to Dr Nielson on 980522. W/Certificate of Svc.Related Correspondence
ML20236M4911998-07-0606 July 1998
Informs That State Has Received Assurance from J Silberg, Informing That Licensee Willing to Enter Into Confidentiality Agreement W/State for Access to Proprietary Info.W/Certificate of Svc.Related Correspondence
1999-09-09
[Table view]
Category:OUTGOING CORRESPONDENCE
MONTHYEARML20212G0161999-09-24024 September 1999
Forwards Copy of That NRC Received from Jp Jp Kennedy Re L Bear Representation of Skull Valley Band of Goshute Indians in Connection with ISFSI Proposed to Be Constructed by Pfs Llc.Related Correspondence.Without Encl
ML20216F3981999-09-20020 September 1999
Forwards List of Documents Responsive to State Second Discovery Request.Without Encl.Related Correspondence
ML20196C4431999-06-21021 June 1999
Confirms 990621 Telcon Re NRC Response to State of Utah First Set of Discovery Requests Directed to NRC, .NRC Agreed That Staff Would Respond to Discovery Requests as Listed.Related Correspondence
ML20155J1041998-11-0909 November 1998
Ack Receipt of Requesting Broad Range of Info from NRC Staff Re Safety Record & Funding of Commerical Nuclear Power Reactor & Other Fuel Storage Proposal Pending Before Commission.Related Correspondence
ML20237C2321998-08-19019 August 1998
Second Final Response to FOIA Request for Documents.Records Subj to Request Encl & Being Made Available for Public Insp
ML20236X4821998-08-0303 August 1998
Partial Response to FOIA Request for Documents.App a Records Encl & Available in Pdr.App B Records Partially Withheld (Ref FOIA Exemption 4).App C Records Completely Withheld (Ref FOIA Exemption 5)
ML20202B8261998-01-29029 January 1998
Responds to Addressed to Chairman SA Jackson, Urging Support of Petitions of Several Parties That Have Sought to Intervene in Private Fuel Storage Proceeding, Currently Before Aslb.W/Certificate of Svc.Served on 980202
ML20199K5291997-11-13013 November 1997
Advises That Sinclair Should Be Instructed to Continue to Refrain from Disclosing Security Plan & Related Comments Until NRC Staff Gives Reply as to Whether Security Plan May Be Divulged
ML20211H2071997-09-22022 September 1997
Expresses Appreciation for Postcard Sent to Chairman Jackson Re Private Fuel Storage,Llc.Correspondence Forwarded to NRC Staff for Appropriate Action.W/Certificate of Svc. Served on 970922
ML20216G2691997-09-0202 September 1997
Responds to Re Requests from Executive Director of Utah Dept of Environ Quality for Action Under 10CFR2.206. Staff 970806 & 0811 Responses to Requests Encl
ML20216G2901997-08-11011 August 1997
Responds to to SA Jackson Re Staff Decision to Docket Application from Private Fuel Storage,Limited Liability Co.Regrets That Response to 10CFR2.206 Requests Did Not Precede Notice of Docketing
ML20216G2851997-08-0606 August 1997
Responds to 970627 & 0721 Requests That NRC Take Action,Per 10CFR2.206.NRC Completed Acceptance Review of Private Fuel Storage Application & Finds Acceptable for Docketing
1999-09-24
[Table view] |
Text
b
[
p'
- g UNITED STATE S NUCLEAR REGULATORY COMMISSION p [)%Ng/
WASHINGTON. D.C. 7066@o1 4
- September 2, 1997 CHAIRMAN I
l l
The Honorable Merrill Cook U.S. House of Representatives Washington, D.C. 20515
Dear Congressman Cook:
I am responding to your letter of July 31,1997, regarding requests from the Executive Director of the Utah Department of Environmental Quality (DEO) for action under 10 CFR 2.200 of the Nuclear Regulatory Commission's regulations. I am enclosing the staffs August 6,1P97, and August 11,1997, respontes to the requests. While the DEQ's concems will be con',dered by the staff during its licensing review of the application by Private Fuel Storage to build and operate an independent spent fuel storage installation, a 2.206 petitioq is designed to handle enforcement requests and is not an appropriate procedure for objecting to a license application. Rather, the process afforded States, and members of the public for contesting the adequacy of a license application is a request for hearing and petition to intervene in the licensing proceeding in accordance with 10 CFR 2.714 of the Commission's regulations. This process was described to Dr. Nielson in our August 11,1997, letter and is fully explained in the " Notice of Consideration of Issuance of a Materials License for the Storage of Spent Fuel and Notice of Opportunity for Hearing
- which was published in the Federal Benister on July 31,1997. A copy is also enclosed. The notice provides a 45-day period for the submission of intervention petitions.
The staffs determination that the Private Fuel Storage, Limited Liability Company, (PFS) application contained suffic'ent laformation for docketing is independent of any subsequent determination on the sufficiency of the information in the application in terms of demonstrating compliance with the applicable regulatory requirements in 10 CFR Pari 72.
That determination will be made on the basis of the staffs review of the application, and the concerns raised in the two DEQ requests will be considered in that context.
During its review of the PFS application, the staff will review the emergency plan and determine whether PFS's compliance with all the emergency planning regulatory requirements of 10 CFR 72.32 has been adequately demonstrated.
I trust that this responds to your concems. Please contact me if I can be of further assistance.
Sincerely, I
7 I
, ,j C 07 0 Shirley Ann Jackson Enclosures; As stated i l{\\$,!$,!$h!!k, .
cc: Govemor Michael Leavitt Chief Leon Bear, Skull Valley Band of Goshute Indians John D. Parkyn, Private Fuel Storage 9709150021 970902 PDR COMMC NftCC C,ORRESPONDENCE PG