ML20198K931

NRC Staff Response to State of UT Motion for Extension of Time to File Contentions.* Staff Believes That 30-day Extension Until 971124 Should Provide Sufficient Time for Filing of Contentions.W/Certificate of Svc

ML20198K931
Person / Time
Site:	07200022
Issue date:	10/10/1997
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#497-18567 ISFSI, NUDOCS 9710240178
Download: ML20198K931 (4)

Text

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October 10,1997

'l 3 UNITED STATES OF AMERICA 4 NUCLEAR REGULATORY COMMISSION Q'

POCKETED G1 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 0C -

\ p]6] 9] re In the Matter of y y

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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 FOR EXTENSION OF TIME TO FILE CONTENTIONS On October 1,1997, the State of Utah filed a " Motion for Extension of Time to File Contentions" (" Motion"), in which it requested that the time for filing contentions be extended for a period of 45 days beyond the current deadline of October 24,1997, which was established in the Licensing Board's " Memorandum and Order (Initial Prehearing Order)," dated September 23, 1997. The NRC Staff (" Staff") herewith responds to the State's Motion, in accordance with the Licensing Board's scheduling Order of October 7,1997.8 In-its Motion, the State provided various reasons in- support of its request for an extension. The State further indicated, inter alia, that the Staff "does not object to a 30-day extension, with Staff responses due by December 22,1997" (Motion at 2). While the State has accurately stated the Staff's position, the Staff wishes to elucidate its views herein.

' " Memorandum and Order (Schedule for Responses to Motions to Suspend Proceeding and for Extension of Time to File Contentions)," dated October 7,1997.

971024017e 971010 PDR ADOCK 07200022 C PDR

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_ . _ . _ - _ . _ _ _ . _ . _ . . _ . . _ . _ _ _ _ _ _ _ _ _ _ . _ __ _ _ ~ _ . . _

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. '" The Staff believes that the schedule established by the Licensing Board is reasonable.

4 Nonetheless, the State has identified certain factois, particularly i's need for additional time'for

! its experts to assist it in framing contentions (Motion at 6 and n.3), which may warrant a brief extension of the filing deadline. In view of the State's interest in and potential for meaningful

)

participation in this proceeding, the Staff does not oppose its request for a brief extension of i

time. However, if an extension of time is granted, the Staff believes that a 30-day extension,

until November 24,1997, should provide sufficient time for the filing of contentions.

4 Further, inasmuch as any extension of time is likely to result in the filing of even more

] contentions than might otherwise be expected, the Staff believes that other parties (including the ,

F ' Staff) should be afforded a four-week period of time in which to file responses thereto. For

(

instance, if, as the Staff suggests, contentions are required to be filed by November 24,1997, other parties should be afforded a period of four weeks, until December 22,1997, in which to respond thereto. Such an extension of the response deadline would provide slightly more time (11 days) than was afforded by the Licensing Board's Order, but would still allow responses to i

I be filed promptly, prior to the departure of various Staff members and Counsel for the holidays.2 Respectfully submitted,

- la _

Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 10th day of October 1997 l

2 On the other hand, if the date for filing contentions is extended until December 15, 1 1997, as requested by the State, the Staff requests that responses be required to be filed by January 20,1998, due to the intervening holiday season.

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UNITED STATES OF AMERICA DO#

! NUCLEAR REGULATORY COMMISSION OCT 101997 T i

- wa. w No m BEFORE THE ATOMIC SAFETY AITLLICENSING BO

\A h M @

In the Matter of )

6 9

) _

! PRIVATE FUEL STORAGE, LLC ) Docket No. */2-22-ISFSI_

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) . I (Independent Spent ) -l Fuel Storage Installation) ) i

, CERTIFICATE OF SERVICE I hereby certify that copies of (1) "NRC STAFF'S RESPONSE TO STATE OF UTAH'S MOTION TO SUSPEND LICENSING PROCEEDINGS AND TO

REQUIRE RENOTICE OF THE APPLICATION" and (2) "NRC STAFF'S RESPONSE TO STATE OF UTAH'S MOTION FOR EXTENSION OF TIME TO

( FILE CONTENTIONS" in the above captioned proceeding have been served on the l following through deposit in the Nuclear Regulatory Commission's internal mail system (with E-mail copies as indicated); by facsimile transmission with a conforming copy by deposit in the UMted States mail, first class, as indicated by an asterisk; or by United States mail, first class, as indicated by a double asterisk, this 10th day of October,1997:

Office of the Secretary G. Paul Bollwerk, III, Esq., Chairman ATTN: Rulemakings and Adjudications Administrative Judge

. Staff Atomic Safety and Licensing Board

U.S. Nuclear Regulatory Commission U.S. Nt

clear Regulatory Commission Washington, DC 20555 Washington, DC 20555 (E-mail copy to GPB@NRC. GOV)

Dr. Peter S. Lam

. Administrative Judge Dr. Jerry R, Kline Atomic Safety and Licensing Board Administrative Judge t

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Corunission (E-mail copy to PSL@NRC. GOV) Washington, DC 20555

(E-mail copy to JRK2@NRC. GOV)

Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel

Washington, DC 20555 U.S. Nuclear Regulatory Commission (by E-mail to JMC3@NRC. GOV) Washington, DC 20555 e

2-Office of the Commission Appellate Danny Quintana, Esq.*

Adjudicat on i

Danny Quintana & Associates, P.C.

Mail Stop: 16-G-15 OWFN 50 West Broadway U.S. Nuclear Regulatory Commission Fourth Floor Washington, DC 20555 Salt Lake City, UT 84101 Jay E. Silberg, Esq.* Denise Chanceller, Esq.*

SHAW, PITTMAN, POTTS & Fred G. Nelson, Esq.

TROWBRIDGE 160 East 300 South, 5th Floor 2300 N Street, N.W P O. Box 140873 Washington, DC 20037-8007 Salt Lake City, Utah 84114-0873

. Jean Belille, Esq.* Connie Nakahara, Esq.**

12nd and Water Fund of the Rockies Utah Dept. of Environmental Quality 2260 Baseline Road, Suite 200 168 North 1950 West Boulder, CO 80302 P.O. Box 144810 Salt Lake City, UT 84114-4810 Clayton J. Parr, Esq.*

KIMBALL, PARR, WADDOUPS, Diane Curran, Esq.**

BROWN & GEE Harmon, Curran & Spielberg 185 S. State St., Suite 1300 2001 "S" Street, N.W.

P.O. Box 11019 Suite 430 Salt Lake City, UT 84147-0019 Washington, D.C. 20009 John Paul Kennedy, Sr., Esq.* >

1385 Yale Ave.

, Salt Lake City, Utah 84105

,/  %%Ul Sherwin E. Turk Counsel for NRC Staff