ML20199K498

State of Utah Motion for Protective Order to Review & File Contentions on Applicant Physical Security Plan.* State Requests That Sinclair & Chancellor Be Granted Access to Security Plan

ML20199K498
Person / Time
Site:	07200022
Issue date:	11/14/1997
From:	Chancellor D UTAH, STATE OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20199K501	List: ML20199K498 ML20199K509 ML20199K529 ML20199K566
References
CON-#497-18623 ISFSI, NUDOCS 9712010140
Download: ML20199K498 (4)

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a 42.3 00CKETED USHRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION-g gg p4 ;23 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD opFCE OF SECRB/O, ADJUDCCi"ffp HULthW M$ h

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In the Matter of:

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Docket No. 72-22-ISFSI

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PRIVATE FUEL STORAGE, LLC

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ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel

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Storage Installation)

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November 14,1997 STATE OF UTAII'S MOTION FOR A PROTECTIVE ORDER TO REVIEW AND FILE CONTENTIONS ON TIIE APPLICANT'S PIIYSICAL SECURITY PLAN On October 1,1997, Mr. William Sinclair, Director, Utah Division of Radiation Control and the Governor's designee for spent fuel shipments under 10 CFR 73.21(c),

received a copy of the Appucant's Physical Sectuity Plan. The State has endeavored to work with NRC staff to permit the State's attorney to have access to the Plan in order to work with Mr. Sinclair in developing contentions on the Pian. The contentions would be filed confidentially with the Board for in camera review. By letter dated November 13, NRC staff sugges.ed that the State apply to the Board for a protective order pursuant to 10 CFR @ 2.744(e)ifit desires to file contentions on the Cecurity Plan. The State now applies to the Board for such an order.

- A copy of the relevant correspondence between NRC staff and the State is attached and consists of(1) an email from Sherwin Turk, Office of General Counsel, to Denise Chancellor, Assistant Attorney General, dated October 15,1997 and Denise Chancellor's response to Mr. Turk's email on the same ds+e (attached as one document);

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a' (2) letter from Denise Chancellor to Sherwin Turk, copy to Jay Silberg, attorney for the Applicaut, dated November 8; and (3) letter from Sherwin Turk to Denise Chancellor -

dated November 13,1997, copy to Jay Silberg (to date, the State has 'on!y received an email copy.f this letter). This correspondence shows that for the past month the State has been trying to ascertain from NRC staff the appropriate procedures for access to the Security Plan.

The reason for requesting a protective order is to permit the State to file contentions on the Security Plan under appropriate procedures and safeguards. The State asserts that the issue of whether the Secu;ity Plan meets the requirements of 10 Part 72 Subpart 11 is necessary to a proper decision in this proceeding. Under NRC's procedures, a petitioner must file "a list of contentions which petitioner seeks to have litigated in the hearing." 10 CFR { 2.714(b)(1). Whether the Applicant's Security Plan unts the requirements of Subpart H is a legitimate issue that the State seeks to raise and litigate in k_

this proceeding. The fact that the State has obtained a copy of the Plan pursuam to 10 CFR 73.21(c) and not through discovery in this proceeding should not preclude the Board from issuing a protective order to allow the State to formulate contentions. The issue of whether there is adequate security is germane to this proceeding given the fact that the Applicant is a private entity without any demonstrated record in the safeguards area who will be receiving a substantial number of spect fuel shipments (up to 200 shipments per i

~ year) from nuclear reactors located throughout the United States. See SAR at 1.4-1 & 2.

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To deny the State the opportunity to file contentions on the Security Plan would impair the State's procedural rights to bring safeguards concerns before the Licensing Board.

The State requests that Mr. Sinclair and Assistant Attomey Denise Chancellor be granted access to the Security Plan for the purpose of developing and filing contentions on the Plan, in addition, the State also requests that the following State personnel be g

granted access to the Plan for the purpose of assisting in the development and filing of-contentions: Dianne R. Nielson, Executive Director, Utah Department of Environmental Quality; Suzanne Winters-Ramsey, Utah State Science Advisor; Dane Finerfrock, Environmental Manager I (Health Physicist), Utah Division of Radiation Control; Assistant Attorney General Fred Nelson; and Special Assistant Attomey General Connie Nakahara. Finally, the State requests that certain State personnel be permitted to handle and review contentions based on the Security Plan for purposes of providing secretarial and other support. if those State suppor. personnel need to be named, the State will supplement this motion.

If and when the Board grants the requested protective order, the State requests that its contentions on the Security Plan be filed within two weeks from the date of the order.

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In addition, the State requests direction from the Board on procedures and safeguards for t filing the contentions and the persons to be served.

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- DATED this 14th day of November,1997:

Respectfully submitted,

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Denise Chancellor Fred O Nelson Assistant Attorneys General Diane Curran Connie Nakahara Special Assistant Attorneys General Attorneys for State of Utah Utah Attorney General's Oflice 160 East 300 South,5th Floor P.O. Box 140873

. Salt Lake City UT 84114-0873

' Telephone:

(801)366-0286 Fax:

(801) 366-0293 I

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