ML20154A186
| ML20154A186 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 09/28/1998 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#498-19590 ISFSI, NUDOCS 9810020223 | |
| Download: ML20154A186 (41) | |
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l 949 f._ 1 UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION
\m.)- 2 . . _ _ _ _ _ _ _ _ _ _ _ _ _ _x In the Matter of: :
3 PRIVATE FUEL STORAGE, L.L.C. : Docket No. 72-22-ISFSI (Independent Spent Fuel : ASLBP No. 97-732-02-ISFSI 4 Storage Installation) :
. . _ _ _ _ _ _ _ _ _ _ _ _ _ _x 5
U.S. Nuclear Regulatory Commission 6 Two White Flint Room 3-B-51 7 Rockville, Maryland 8 Monday, September 28, 1998 9 The above-entitled matter came on for prehearing conference, pursuant to notice, at 1:11 p.m. 10 BEFORE: 11 THE HONORABLE G. PAUL BOLLWERK, III Administrative Judge, 12 Atomic Safety & Licensing Board Panel 13 DR. JERRY R. KLINE, Atomic Safety & Licensing Board Panel
"'g 14 y DR. PETER S. LAM, 15 Atomic Safety & Licensing Board Panel 16 APPEARANCES:
17 PRESENT FOR THE PRIVATE FUEL STORAGEi L.L.C.. 18 ERNEST L. BLAKE, JR., Esquire PAUL A. GAUKLER, Esquire 19 Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W. 20 Washington, D.C. 20037 Phone: (202) 663-8000 21 Fax: (202) 663-8007 22 PRESENT FOR THE CONFEDERATED TRIBES OF THE GOSHUTE RESERVATION AND DAVID PETE: 23 John Paul Kennedy, Sr., Esquire 24 1385 Yale Avenue Salt Lake city, Utah 84105 25 Phone: (801) 583-6170 Fax: (801) 581-1007 b)
\~ ANN RILEY & ASSOCIATES, LTD.
Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
950 1 APPEARANCES: .[ Continued) O PRESENT FOR THE STATE OF UTAH:
\_s 2-DENISE CHANCELLOR, Esquire t 3 Assistant Attorney General Utah Attorney General's Office 4 160 East 300 South, 5th Floor P.O. Box 140873 5 Salt Lake City, Utah 84114-0873
-Phone: (801) 366-0286 6 Fax: (801) 366-0292 7 CONNIE NAKAHARA, Esquire Special Assistant Attorney General 1 8 Utah Department of Environmental Quality !
168 North 1950 West 9 P.O. Box 144810 Salt Lake City, Utah 84114-4810 10 Phone: (801) 536-4231 Fax: (801) 536-0061 11 ! DIANE CURRAN, Esquire 12 Special Assistant Attorney General , . Harmon, Curran, Spielberg & Eisenberg L.L.P.
- 13 2001 S Street, N.W., Suite 430 Washington, D.C. 20009 i r^s 14 Phone
- (202) 328-3500 l ( ,) Fax: 328-6918 15 l
16 PRESENT FOR CASTLE ROCK LAND AND LIVESTOCK, L.C., { SKULL VALLEY COMPANY, LTD., AND ENSIGN RANCHES OF UTAH, l 17 L.C.: i l 18 BRYAl' T. ALLEN, Esquire Parr, Waddoups, Brown, Gree & Loveless 19 l 185 S. State Street, Suite 1300 '
- P.O. Box 11019 l 20 Salt Lake City, Utah 84147-0019
( Phone: (801) 532-7840 l 21 Fax: (801) 532-7750 22 PRESENT FOR SKULL VALLEY BAND OF GOSHUTE INDIANS: l 23 DANNY QUINTANA, Esquire Danny Quintana & Associates, P.C. 24 50 West Broadway, Fourth Floor Salt Lake City, L. ANN RILEY & ASSOCIATES, LTD, i Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
l 965
, 1 instances, we have provided even documents which have been 1 \- '1 2 treated for the proprietary nature or confidentiality 3 nature, and have deleted portions of documents among those 4 that we are providing. So to that extent, we have.
5 Obviously, we have also identified a number of documents l 6 from our clients that we regarded as privileged and have no 7 provided. 8 JUDGE BOLLWERK: All right. So you have told them 9 there are some documents t. hat are privileged that you are 10 withholding then, I take it? 11 MR. BLAKE: Yeah. And I think even the documents 12 that they have gotten already, at least the state has looked 13 through, they would see portions of the documents that's 14 alluded. a) ( 15 JUDGE BOLLWERK: All right. 16 MS. NAKAHARA: If I could interject, this is 17 Connie Nakahara. I had difficulty in identifying all the 18 documents in which statements were redacted, and that is one 19 of the requests that we will be making is whether certain l 20 documents in fact had redactions and what the redactions 21 were related to. 22 JUDGE BOLLWERK: All right. Is that -- I take it l 23 you are going to be making some kind of a written 24 presentation or calling someone? I don't know what your 25 plan is. i O
\Iw ANN RILEY & ASSOCIATES, LTD.
Court Reporters l 1025 Connecticut Avenue, NW, Suite 1014 L Washington, D.C. 20036 (202) 842-0034
966 1 O MS. NAKAHARA: Probably make a written request (_,) 2 ' identifying the documents that we are interested in. In 1 I 3 some cases, the redactions were obviously and in other 4 cases, they weren't. I don't know if it was just how the 5 document was spaced or whether there were actual redactions, 6 and that was one of our difficulties. 7 MR. BLAKE: That should be fairly for us to react 8 to, because if we have done our job, we will have copies in 9 our offices of both the complete and the redacted versions. 10 So I think we will be able to react to that pretty easily, 11 Connie. 12 MS. NAKAHARA: Okay. Thank you. l 13 JUDGE BOLLWERK: All right. Again, I would urge 14 you, as you come across things which -- and, again, as you O k-/ 15' are exchanging requests back and forth, documents that 16 appear to be privileged are protected, go ahead and identify 17 those, at least for yourselves. And I would urge you maybe 18 to make the other party aware that you have them and you 19 intend to treat them as privileged. The more things that we 20 know about that up front, I think the better off we are. 21 And, hopefully, when we move to the formal stage, we can get 22 those kinds of matters taken care of up front in some way 23 perhaps with some kind of an omnibus motion or something, 24 you know, of that nature, to get these documents taken care 25 of quickly, to the degree they have been already identified I L l O) ( ANN RILEY & ASSOCIATES, LTD. j Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
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967 1 as privileged or protected in some way. (O _ ,/ 2 All right. Anyone else want to say anything on 3 the subject of privileged or protected documents? i 4 MS. NAKAHARA: This is Connie Nakahara again. ' Mr. 5 Gaukler and I discussed last week, and I will make this 6 notice for all parties, that the state is claiming a number 7 of documents, relatively few documents, with attorney work
'I 8 product or attorney-client privilege and we are beginning to 9 make a log to justify the claims.
10 JUDGE BOLLWERK: Okay. That is a good -- that 11 sounds like the kind of thing we want to -- we would 12 encourage you to do. 1 1 13 MR. BLAKE: I think also, Judge Bollwerk, what 14 came out of part of Mr. Gaukler's review out there was that O 15 there was a much larger number of documents which the state 1 16- initially had believed might be subject to attorney-client 17 or, more properly, work product, which they had now decided, 18 more properly, maybe shouldn't be, and have made them i 19 available, to their credit, without us ever really 20 challenging or needing to. 21 So I think that each of the parties are focused on , 22 this and moving ahead. 23 JUDGE BOLLWERK: I appreciate that. And one of 24 the things I am hoping is if you look, have a chance to look 25 at these up front a little bit and think about them, as
'O
( ,/ ANN RILEY & ASSOCIATES, LTD. Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
L 1 1 l I 968 ' , ,f 3 1 opposed to siaply reacting quickly in a formal setting, that
\-)
5 2 you will be able to perhaps reflect on them a little bit, 3 and maybe see, as the state apparently has in this instance, 4 thGt maybe these aren't -- don't necessarily need to be 5 protected. So, again, I hope this process, in giving you a 6 little more time to think about some of these things, may ) 7 work to everyone's benefit in terms of -- I guess, for want 8 of better terms, let's fight over the things that are really 9 important and not over the things that aren't. All right. l 10 Just let me -- someone had mentioned the question 11 of protective orders. Do you all see any need for 12 additional protective orders for anyone, in terms of any 13 particular set of documents or anything coming up that the
~~
14 board ought to be aware of? 15 MS. NAKAHARA: This is Connie Nakahara. The only 16 thing, FFS has requested documents that state agencies may 17 have relating to terrorist plans or sabotage. And right now 18 I have got agencies trying to identify any documents within 19 the state. There may be documents that are protected for 20 security reasons and, depending upon the purpose of 21 protection of the documents, we may or may not be able to 22 enter into agreement to give PFS access. But in that case, 23 we may need some protective orders. 24 JUDGE BOLLWERK: All right. Anyone else on the [ 25 subject of protective orders? i
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969 L_7_ 1 (No response.]
-- 2 JUDGE BOLLWERK: Well, again, if that is something 3 we can identify up front, that's something let's take care 4 of now and not wait until we get into formal discovery, so l 5 that we, again, don't have to spend time on something that 6 needs to be taken care of but can be, you know, kind of --
7 hopefully, a pro forma thing, depending on what it says, and 8 we get it taken care of up front. 9 All right. Anything else on protective orders 10 from anybody? 11 [No response.] 12 JUDGE BOLLWERK: All Tight. I had mentioned 13 witness lists and it sounds like you all are thinking about 14 those. I, again, encourage you to think about getting 15 witness lists together or however you want to exchange names 16 of individuals that you would like to -- that you plan on 17 perhaps using as your witnesses or people that you might 18 want to talk with in terms of especially the informal 19 interviews that sound like they are going to be looking 20 toward the end of the month and into the beginning of 21 November. 22 Anyone want to say anything about witness lists or 23 about informal interviews? 24 N response.] (;o 25 JUDGE BOLLWERK: One thin 3 to make you aware of, I (N
' b ANN RILEY & ASSOCIATES, LTD.
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970 1 .think we probably, as informal -- or as formal discovery .. O ls_/ 2 gets closer, we will.looking at some kind;of a Board Order 3 that sets out certain disclosures for expert witnesses along 41 the lines ' of Rule 26 (a) (2) ' of the Federal Rules. We will 5 probably wait a little while on that, just give-you all,a 6 chance to work through the informal interview process, but, 7 again, I think probably some disclosure of expert witnesses. 8 In this context particularly, that can be -- it may well be 9 everyone you have, depending on how you are going to put 10 them forth, along the lines of Rule 26 (a) (2) , so that is 11 something to be aware of. i 12 Anyone want-to say anything on that subject? 13 (No response.] i 14 JUDGE BOLLWERK: All right. Let me raise a couple I O' 15 of things that are sort of related,' although not directly, 16 to discovery. I had come across some information that there 17 was apparently an FOIA suit relating to the Goshute M18 a3reement with PFS and some kind of -- in federal Court. Is 19 that correct? , 20 MR. QUINTANA: That is, Your Honor. This is Danny 21 Quintana. My office is working with Paul Estol and a motion 22 to dismiss will be filed on that within the end of the week. 23 MS. CHANCELLOR: Judge Bollwerk, this is Denise 24 Chancellor. There is another attorney in our office who 25 does Indian law and he is responsible for the lawsuit that - ~ ,,) ANN RILEY & ASSOCIATES, LTD. Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
971 O 1 was filed in Federal District Court. k ,) m 2 JUDGE BOLLWERK: All right. l 3 MS. CHANCELLOR: It deals with both a FOIA request 4 and the state tried to intervene in administrative 5 procedures before the Bureau of Indian Affairs, and we went 6 through the. administrative process through -- before the BIA 7 and were denied status at all levels and we appealed that 8 final agency action by filing a complaint in District Court, 9 and we combined with that complaint the denial of our FOIA 10 request to receive a full copy of the lease between the 11- tribe and PFS. So that is what that lawsuit in Federal 12 District Court is about. 1 13 JUDGE BOLLWERK: All right. Does that lawsuit 14 have any kind of a time -- I understand Mr. Quintana has k/ 15 just indicated he is filing a motion to dismiss' . Does it 16 have any kind of time schedules the Board ought to be aware 17 of? 18 MS. CHANCELLOR: My understanding is that the 19 state has filed a motion for summary disposition. I don't 20 -- summary judgment, and I don't know whether PFS and the
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21 federal government have responded to that. I think their 22 time to respond to that is up fairly shortly. 23 MR. QUINTANA: It is. The case is considered by 24 the tribe and by my co-counsel to be completely frivolous 25 and we expect it to be dismissed. () ANN RILEY & ASSOCIATES, LTD. Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
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'972 .
~. .1 JUDGE BOLLWERK: All right. Mr. Blake, is PFS ,
2 part -- I.take it, I just heard they are. They are part of 3 that. case, I take it? Are you an Intervenor? 4 MR. BLAKE: I don't know beans about it, Judge? 5 JUDGE BOLLWERK: Okay. 6 MR.lBLAKE: Do you know anything? 7 JUDGE BOLLWERK: Mr. Gaukler? l- , 8 MR. GAUKLER: I don't know anything. l 9- JUDGE BOLLWERK: All right. 'Well, then -- 10 MR. BLAKE: Other than its existence. Okay. j 11 JUDGE BOLLWERK: Okay. 12 MS. CHANCELLOR: Your Honor, PFS is a party to the 13: lawsuit. They did request intervention status in that
-~g 14 lawsuit and the state didn't oppose that. And there is 'Q-15 another' law firm representing PFS, I understand.
1 16 JUDGE BOLLWERK: Okay. If Mr. Blake and Mr. Gaukler don't know anything about it, I am obviously not
~
17 18 ' going to press them for information they haven't got. So, 19 all right. Well, it sounds like that is proceeding along. 20 To the degree that that will have any impact on 21 this case, in terms of any of the documents that might be
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22 involved, I would appreciate someone letting us know, you 23 know, if there something, some disposition that is recent we 24- ought to be aware of on any of that. 125 MR. QUINTANA: I will send the court copies of all l-
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l l 973 < !. I if ,, 1- the final pleadings on this. I ( !
- 2 JUDGE BOLLWERK: Okay.
I
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3- MR. QUINTANA: Should I do that to all of the l t i 4 parties? 5 JUDGE BOLLWERK: I don't know that it is necessary l 6 .for everyone. If someone wants it and you are willing to , i I l 7 send it out, I certainly don't have an cbjection to that, l 8 but I don't think you necessarily have to. My request is i 9 simply to sort of be -- if someone grants, for instance, if j 10 the District Court were to grant its motion for summary 11 judgment, or make some kind of a dispositive ruling, I would
~
[ I ; 12 like to know about that. l' 13 MS. WALKER: This is'Joro Walker. I would
' j- 14 appreciate copies of the pleadings.
15 MR. TURK: So would the staff, and I think under 16 ex parte rule you really have to serve everyone including 17 secretaries.
- 18. JUDGE BOLLWERK: Well, obviously, he is going to 19 provide -- anything he is going to provide to the Board, 20 that is true. If it is simply a document exchange among the l.
21 parties, that is up to you all.
- 22. MR. QUINTANA: Yeah, these are just pleadings of 23 an existing case.
24 JUDGE BOLLWERK: Okay. From the Board's 25' perspective, the only thing I would like to see, if there is O
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974
- 1 some kind of a ruling on the dispositive motion, for 2 ;-instance, a motion for summary judgment, or notion to 3 dismiss. It isn't necessary to send us all the pleadings
~4 for the case. And in terms of the other parties, you all 5 can exchange those, work out whatever you would like in 6- terms of-everybody seeing the documents. It sounds like Mr.
7 Quintana is willing to make them available to whoever wants 8 to see them, so. 9 'Any questions about that, Mr. Turk? Is that -- 10 MR. TURK: No, that's fine, Your Honor. 11 JUDGE BOLLWERK: All right. Since we raised the 12 question of summary judgment, just let me ask you a 13 question. We're still early'on in this in terms of at least 14 the formal -- obviously we haven't started formal discovery. 15 Any thoughts yet in' terms.of summary-disposition at least 16~ with respect to the Group 1 issues? Anybody thinking of 17 filing motions? 18 I'll take that as a no. 19 All right. Well, again, from the schedule we set, 20 which we modified somewhat given I guess some of the 21' suggestions from PFS and the staff, obviously the earlier 22 you get your summary disposition motions in, the better, in 23 terms of the number of pages that you have to address the 24 issues. 25L Let me just raise one related question with the ANN RILEY & ASSOCIATES, LTD. Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
975
,_ 1 staff. Have there been any changes in the staff schedule
(/ 2 that the Board ought to be aware of or the other parties? l 3 MR. TURK: No, Your Honor. ' 4 JUDGE BOLLWERK: So basically what you've 5 represented to us in the past still seems to be on track. 6 MR. TURK: Yes, Your Honor. 7 JUDGE BOLLWERK: All right. 8 All right, anything that anyone else then wants to 9 raise with the Board at this point in terms of discovery or 10 anything else in the proceeding? 11 MR. KENNEDY: Your Honor, this is John Kennedy. 12 In speaking with the State today, I was informed that some 13 kind of an amended application was submitted. Is that true?
- 14 JUDGE BOLLWERK: I can -- what I can -- well, what \ ' 'J 15 I can tell you is that I received a copy of an amendment to 16 the application -- I believe it was dated approximately 17 August 28; don't hold me to that date exactly -- in which 18 there were some changes of various types made. It seemed to 19 me the main one was an alternate rail route down the west 20 side of the Skull Valley. And if Mr. Blake wants to say 21 anything about that, I'll let him at this point.
22 MR. BLAKE: No , that's a fair characterization, 23 and I don't know, we've had -- we've not been perfect before 24 in the distribution of things to everybody. I will have to 25 double-check to find out what distribution was made. I (~h (_,) ANN RILEY & ASSOCIATES, ,LTD. Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
976 1 think some of the parties at least must have received -- did 2 you get one, Denise?
- 3. MS. CHANCELLOR: Yes. .We received a copy of the 4 ' application on the 31st of August, and I'have a question and 5 we're waiting for that after we get through with this issue.
6 MR. BLAKF I don't really know, Judge, but I'll 7 double-check. 8 JUDGE BOLLWERK: All right. I know it had a 9 distribution list on it. ILmust admit I did not check it 10- carefully in terms of who -- I think I saw Ms. Chancellor's name on there. I don't know if I saw Mr. Kennedy's.name or 12- not. But -- 13 MR. KENNEDY: I'm wondering if any of the other 14 intervenors.have received or not receiveu copies of this 15 amended application. 16 MS. WALKER: This is Joro Walker for OGDE. I did 17 not receive a copy of the amended application. 18 MR. ALLEN: Bryan Allen for Castle Rock. We did 19 not receive one either. 20 MR. BLAKE: Well, it's pretty well narrowed down. 21- JUDGE BOLLWERK: I'm sorry, who was that? 22 MR. BLAKE: I'll follow up, Judge.
-23 JUDGE BOLLWERK: All right.
24 MS. WALKER: This is Joro Walker again. I was 25 wondering, is there going to be a notice of this amendment ANN RILEY & ASSOCIATES, LTD. Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
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, , , 1 in the FR -- Federal Register. / \
(_) 2 MR. BLAKE: No, I wouldn't expect one. I guess 3 Jeff would have to answer for sure. 4 JUDGE BOLLWERK: Mr. Turk, do you want to say 5 anything about the staff's practice? 6 MR. TURK: We normally do not notice revisions to 7 applications, but -- and I don't think this one will be 8 noticed either. 9 MS. WALKER: Is a revision different than 10 amendment? 11 MR. TURK: In my mind it's the same. 12 MS. WALKER: Do the regulations speak to that? 13 MR. TURK: In terms of notices? ,g 14 MS. WALKER: Um-hum. t 1
\#
15 MR. TURK: No. 16 MS. WALKER: They don't. 17 MR. TURK: No. Essentially what the applicant 18 submitted were page changes, came in with a set of pages for 19 each of the different volumes of the application, 20 environmental report, emergency plans, and safety analysis 21 report, and said please insert these pages in lieu of the 22 pages that were there. 23 MR. BLAKE: That's what I've received. 24 MS. WALKER: Well, it's my understanding that the 25 transportation route is now going to go over BLM land, and I (O (_ / ANN RILEY & ASSOCIATES, LTD. Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
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l l 978 f- 1 would think that that would raise issues -- there might be 2 concern of people that sre not intervenors right now because i 3 of the environmental consequences of a route like that. ; l 4 MR. KENNEDY: I would agree with -- this is 5 Kennedy -- I would agree with that, and there may also be 6 additional contentions that existing parties would want to 7 raise and possibly it would make sense at this point to try 8 to set some sort of a timetable fcr submitting additional 9 contentions upon receipt of a copy of whatever has been -- 30 MS. CHANCELLOR: Judge Bollwerk, this is Denise 11 Chancellor. I would'not describe the license amendment as 12 merely some pages to insert in the license application. 13 While that is the way the amendment is structured, it is a l 14 significant amendment to the license application. It l 15 changes the point of where the casks will be transported by 16 rail. There's significant changes to the environmental 17 report in terms of describing the vegetation, habitat, and 18 other impacts that will occur because of this amendment. 19 And the State has reviewed the amendment and we're 20 in the process of getting ready to file new contentions 21 based on that license amendment. And I have contacted the 22 parties to get their approval to file additional pages 23 because of the nature of the license amendment. And I've 24 requested a limit of 20 pages rather than the 10 pages you 25 set back in a previous order. ,p ANN RILEY & ASSOCIATES, LTD. Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
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l 979 1 JUDGE BOLLWERK: All right. l I 2 MS. CHANCELLOR: And~none of the parties have l 3 objected to that.
~
So I thought I would take this i. 4 opportunity to request from'the Board permission to file up l 5 to 20 pages for the new contentions relating to the low new 6 . rail. transportation corridor. 7 JUDGE BOLLWERK: All right. I take it that the 20 8 -pages is for'all' contentions you're going'to file, I take 9 it. 10' MS. CHANCELLOR: That's orrect. That would 11 include the introduction, the late-filed factors' as well -- 12 JUDGE BOLLWERK: Okay. 13 MS. CHANCELLOR: As the actual contentions 14- themselves, 15 JUDGE BOLLWERK: From tne Board's perspective I 16 don't see, especially if everyone seems to agree to it, I 17 don't see a problem. I would appreciate though if you would I 18 just file a brief motion so that we can put it on the record 19 and have the papers there. ' 20 MS. CHANCELLOR: Could I file that at the same 12 1 time that I file the contentions? 22 JUDGE BOLLWERK: Why don't you go ahead and file 23 it now if you plan on -- if you know that's what you want. 24 Go ahead and do it now. 25 MS. CHANCELLOR: Okay. Do I have to wait for a l f' ANN RILEY & ASSOCIATES, LTD. l Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 y (202) 842-0034
I 980 1 response? ! r~i I'm about to file the contentions within the next { ( ,) l 2 day or so is the reason why I'm asking these questions. 3 JUDGE BOLLWERK: Wait for a response from? 4 MS. CHANCELLOR: From you for permission to do 5 that, or can I take our conversation today as permission? 6 JUDGE BOLLWERK: Well, put it this way. If you l 7 file the motion promptly, I don't think you're going to have 8 any problem. I mean, the rule I set up is that we ought to 9 have any page extensions I think it was three business days 10 before the filing. So my suggestion then would be just to 11 get the motion in properly. And it doesn't have to be 12 particularly long. It sounds like everybody's in agreement, 13 okay? 14 MS. CHANCELLOR: Okay. (3 15 MR. TURK: Your Honor, I would note for the staff 16 that we do not object to the 20-page request from Ms. 17 Chancellor when she called this morning. 18 JUDGE BOLLWERK: Right. 19 MR. TURK: She did indicate in her conversation 20 with me that she would not oppose the same sort of a page 21 limit being given to parties who respond, if they need it. 22 JUDGE BOLLWERK: All right. 23 MS. CRANCELLOR: That's correct, Your Honor. I 24 have no objection to that. 25 JUDGE BOLLWERK: All right. Then I think from the ANN RILEY & ASSOCIATES, LTD. Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 242-0034
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l 981 1 Board's perspective the best thing to do would be to get i (,,s l'- 2 that motion in promptly, and then we'll rule on it, and 3 then, you know, you can take that into account when you file ! 4 your pleading. 5 MS, CHANCELLOR: Okay. 6 JUDGE BOLLWERK: And I can promise you if we have 7 it, you'll get a response within 24 hours, so -- , 8 MS. CHANCELLOR: Okay. You'll get an e-mail 9 today. 10 JUDGE BOLLWERK: All right. Very good. l 11 Anything else on that subject? 12 MS. WALKER: Yes, this is Joro Walker. What about 13 setting up some sort of timetable for new contentions based , g-w 14 on the amendment of the application?
'~ ~
15 JUDGE BOLLWERK: Well, in terms of a timetable, I
- 16 mean, normally what happens is people file late-filed i I
17 contentions and at that point there are then motions or 18 responses that are filed as to whether the contentions meet 19 the late-filing requirements, one of which is timeliness. 20 MS. WALKER: I mean, because we didn't get a copy I 21 .of the application -- 22 JUDGE BOLLWERK: Um-hum. Then I take it that's 23 one of the arguments you would be making in terms of, you 24 know, the timeliness of any contentions you're filing. 25 MS. WALKER: Okay. And -- e I "% kme' ANN RILEY & ASSOCIATES, LTD. Court Reporters I 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034 I .
l 982 ! 1 JUDGE BOLLWERK: I'm not trying to put words in
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(_],/ 2 your mouth here, but that strikes me -- now I'll let the 3 staff or the applicant say something about that if they want 4 to, but -- l 5 MR. BLAK!3 : It sounds lixe a pretty good argument 6 to me, Judge. i
-7 MS. WALKER: Well, thank you for your advice. I i
8 don't know, am I reading the regulations wrong, because I'm l 9 looking at 72.16 with regard to notice of amendments, public 10 notice in the Federal Register. Am I making a mistake here? 11 MR. BLAKE: You're talking about amendments to an 12 existing license which typically is noticed by the staff, or ! just an amendment or revision to an application? 1 13 I don't m 14 have the regulations in front of me, l 15 MS. WALKER: So that's what it means, that it's an 16 existing license. Okay. So then in terms of getting other i 17 parties who might be interested in this new alignment 18 involved, then they just have to rely on word of mouth. 19 JUDGE BOLLWERK: Again, I'm not -- they say there 20 was a distribution list with this. I don't know how that 21 list was drawn up. I know Ms. Chancellor's on it, the Board I l 22 is on it. That's something that you need to talk with Mr. l 23 Blake about. l 24 MR. TURK: In response to Ms. Walker's question 25 about 72.16 --
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983 1
- MS, WALKER: Yes, I've been -- it's been explained t'
2 to me. It's an existing license as opposed to a license 3 application. 4 MR. TURK: Oh , no, 72.16 says it relates to a 5 filing of an application as opposed to amendments to an 6 application. So you have to initially -- 7 MS. WALKER: Well, it says application for a 1 8 license or a license amendment. l l 9 MR. TURK: Okay. 10 MS, WALKER: Under this part. So I took that to 11 mean an amendment to a license application, as opposed to an 12 amendment to a license. 13 MR. TURK: I think we're on the same track right 14 now. 15 JUDGE BOLLNERK: All right, anything anyone else 16 wants to say on this subject? 17 MR. KENNEDY: Well, I just want to make clear -- 18 this is Kennedy, 19 JUDGE BOLLWERK: Yes, sir. 20 MR. KENNEDY: Federated Tribes. That we have not 21 received a copy of this amended application. As I 22 understand it, neither has OGD nor Castle Rock. So I just 23 think that ought to be clear on the record of today's 24 discussion. 25 JUDGE BOLLWERK: All right. l t
/"'}
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984 i l 1 MR. TURK: I wonder if the applications are -- I'm s/ 2 sorry, if the amendment is in the PFS document room in Salt 3 Lake City. j 4 MR. BLAKE: Jeff, I don't know the answer, but you 5 can rest assured we'll be on this immediately after we hang 6 up, and try to find out. 7 MR. TURK: I don't know the answer. It may be 1 8 there. It may be in the NRC's LPDR. I don't know if enough I 9 time has lapsed for it to get there by now. It's about a ; 10 month. It should be there by now. Maybe even -- l
'll MR. KENNEDY: Well, it seems to me that there's an l 12 affirmative obligation to serve an amended application on 13 people who've been granted intervenor status, and we 14 shouldn't have to be going down to find out if something's 0,
15 been put -- 16 MR. BLAKE: I don't really want to argue the point 17 at this point unless you want us to, Judge. 18 MR. TURK: I suspect also that it is at the LPDR, 19 because I received my copy through the formal writs 20 distribution process at least a week -- I think about two 21 weeks ago. So you may find it there already. I just don't 22 know for a fact because I haven't seen the -- I haven't been 23 to the PDR to examine that. 24 JUDGE BOLLWERK: All right. Well, at this point I 25 take it, Mr. Blake, you're going to be looking into this. 4 i l n)
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985 1 MR. BLAKE: Yes. [\ 2 JUDGE BOLLWERK: All right. 3 MR. BLAKE: I've already told Ms. Walker. I 4 thought she had a dandy argument. 5 JUDGE BOLLWERK: Okay. The other thing I'll say 6 is that, you know, whenever there's something filed, the 7 Board will rule on it, and whatever you want to ask us for 8 or whatever you want to put in the form of a motion, or 9 obviously Ms. Chancellor apparently is planning on filing a 10 motion to have the late -- certain late-filed contentions 11 admitted. So we'll wait to hear from you all in terms of 12 what further filings you want to make relative to the 13 amendment to the application. 14 MR. BLAKE: I would really encourage Ms. Walker 15 and Mr. Kennedy or anybody else to give us a call, too, and 16 if you think there's something out there and you haven't 17 gotten it, let us know. On this one in particular, we'll I 18 look into it now and follow up and do the things that are 19 right about distributing anything extra that needs to be, 20 and then I want to talk with you about what you'd like in l 21 the way of time and see if we can come to an agreement 22 rather than necessarily coming to a big squawk that we have 23 to take to the Board. 24 I understand what you're saying. You haven't 25 gotten a copy, and you'd like a copy before you have to file O V ANN RILEY & ASSOCIATES, LTD. Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
l 986 l l - 1 contentions. It all makes sense to me. Obviously we'd like i l e \_
.(/ 2 to get on.with it~as quickly as we can, and I'd like an \
3 opportunity to talk with you before we turn it into a war. f \ 4 JUDGE BOLLWERK: All right. It's also possible -- i 5 and I'm not going to -- well, if you want to talk to Ms. 6 Chancellor, feel free to do that as well. Maybe what she 7 has is something you can use. I have no idea. There's 8 nothing wrong with joint contentions, either, a joint l l 9- late-filed motion -- motion for late-filed contentions. So l i 10 I don't want to hold her up. She obviously has other, you 11 know, a timetable in mind. So -- all right, any other 12 . questions or. comments on that subject? 13 All right, anything else in terms of anything we s 14 talked about or anything anybody wants to raise with the
'- 15 Board? I 16 All right, hearing nothing, again I appreciate --
17 MR. QUINTANA: This -- 18 JUDGE BOLLWERK: Yes. 19 MR. QUINTANA: This is Danny Quintana. 20 JUDGE BOLLWERK: Yes, Mr. Quintana. 21 MR. QUINTANA: On the lawsuit that was filed by 22 the State of Utah that's currently pending in district 23 court, which Hol Estol is counsel on, did you want me to 24 just send a copy of the final motions on that to the 25 parties, because to send all of the pleadings on everything l f ANN RILEY & ASSOCIATES, LTD. f Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
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l 1 987 j i to all of the parties is going to require some effort on the ; O 2_ part of the staff, and again dispositive motions are being 3 filed on that this week. l; 4 JUDGE BOLLWERK: It's sort'of really up to you all ! l 5 as to how you want to work it out. As I~said, all the Board l 6 is interested in, if there's a ruling on a dispositive I 7 motion, we'd like to know about that. If you want to attach ' I' 8 the ruling, that's fine too. I'm more interested in seeing 9 the actual rulings when something comes out from the court 10 rather than simply the motions that go in. ; + 11 MR. QUINTANA: That's what I would recommend. Why l 12 don't I just do that? 13 JUDGE BOLLWERK: All right. And then in terms of 14 anything that you want to work out with Ms. Walker or f
\ 15 anybody else on any other filings, I'll leave that up to you 16 all. It's really --
17 MR. QUINTANA: Yes, they're free to obtain those 4 18 documents from the Federal Court themselves. 4
- 19. MS. WALKER: Yes. Do you have a case number on ;
1 20 this? 21 MR. QUINTANA: Not in front of me. 22 MS. WALKER: Do you know the title of it? 23 MR. QUINTANA: Actually the State of Utah could 24 probably give you the best information on that, since it's 25 their case. 1 , ANN RILEY & ASSOCIATES, LTD. Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
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_ 1 MS. CHANCELLOR: I'd be happy to provide you with I
\ .2 any.information you need.
3 MS. WALK 3R: Great. Thanks, Denise. 4 JUDGE BOLLWERK: All right. Just let me mention 5 in terms of future scheduling, I think we will ask for 6 anothe' r status report, and perhaps in about three weeks, and 7 I.think this one we'll have it done in writing, given it 8 looks like you're headed toward informal interviews at that 9 point. -And I guess one of the things we'd like to hear 10 about in that status report, and I'll put out an order and 11 give you a specific date, is the status of informal 12 inte rviews .. It sounds like that's the next major step here. 13 Also, anything you want to provide the Board, additional s 14 information about discovery, document exchanges, or
~# 15 privileged documents, the sort of thing we talked about 16 here.
17 Would the parties be amenable to having the next 18 status report in writing rather than having a conference 19 call, or what do you prefer? Any preference one way or the 20- other? 21 MR. KENNEDY: I think the status call over the 22 phone is fine, Your Honor. This is Kennedy. 23 MR. ALLEN: This is Bryan Allen. I think a 24 conference call is easier, too. I think by the time you 25 circulate multiple drafts of a written report, it takes much l- ANN RILEY & ASSOCIATES, LTD. I Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
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L 989 l l . . 1 more time. 2 JUDGE BOLLWERK: All right. 3 MR. ALLEN: Phone call, 4 JUDGE BOLLWERK: Anyone else have any feelings on 5 that? 6 MR. TURK: Your Honor, for the staff, I think the 7 written filing has always proven to be pretty easy to 8 . coordinate. When Mr. Blake has put together a draft and 9 e-mailed it'to people, I think it's been agreed on pretty 10 quickly. I think we can save the expense of a court 11 reporter and all the time involved in trying to set up a 12 conference call by doing it that way. 13 JUDGE BOLLWERK: Mr. Blake, do'you have any g 14- comments on this, since you probably -- this looks like
'E 15' everybody's looking to you to --
11 6 MR. BLAKE: I don't want to break this tie, Judge. 17 JUDGE BOLLWERK: All right. Okay. We'll think 18 about this. I'm perhaps inclined to go ahead with something 19 in writing, because I think it probably is not going to be 20 too extensive. But we'll talk about that and then we'll 21 give you something and a date on which we'd like to see it. 22 Just so you know, probably something toward the middle to 23 end of October we'll be looking for another status report or 24 a conference perhaps in November, and then a final one 25 perhaps in the middle of December. All right? So we're I l O. l (ms/ ANN RILEY & ASSOCIATES, LTD. l Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
I 990 1 looking kind of following this in at least twice more or 5 2 probably three times more. 3 All.right, any other comments from anyone? 4 Okay, at this point again I like the word 5 " cooperation," go forward in that spirit, we appreciate 6 everyone making themselves available, and if anyone has any i 7 motions or whatever they're going to file, we'll respond to 8 them when we see them. l 9 At this point we stand adjourned. I thank you l 10 very much.
]
11 [Whereupon, at 1:56 p.m., the prehearing l 12 conference was concluded.] 13 ) l () 15 ! l 16 17 18 19 20 21 22 23 24 25 ANN RILEY & ASSOCIATES, LTD. Court Reporters 1025 Connecticut Avenue, NW, Suite 1014 Washington, D.C. 20036 (202) 842-0034
l' l REPORTER'S CERTIFICATE l ,s This.is to certify that the attached proceedings x-- before the United States Nuclear Regulatory Commission in the matter of: NAME'OF PROCEEDING: PRIVATE FUEL STORAGE, L.L.C. PRE-HEARING CONFERENCE l l' CASE NUMBER: 72-22-ISFSI PLACE OF PROCEEDING: Rockville, MD
/~N were held as herein appears, and that this is the original N ,)
transcript thereof for the file of the United States Nuclear Regulatory Commission taken by me and thereafter reduced to typewriting by me or under the direction of the court reporting company, and that the transcript is a true and accurate record of the foregoing proceedings. 1 l r \ r- t I s-s' F [ / Doug Swift-Official Reporter Ann Riley & Associates, Ltd. l l l l}}