ML20207E361

NRC Staff Motion for Extension of Time to File Response to Applicant Motion for Summary Disposition (Contention H).* Staff Requests two-week Extension of Time Until 990625 for Filing Response.With Certificate of Svc

ML20207E361
Person / Time
Site:	07200022
Issue date:	06/03/1999
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#299-20473 ISFSI, NUDOCS 9906070012
Download: ML20207E361 (6)

Text

,; 2.oV 73 p 00CKETED US!Gune 3,1999 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIOg R'

BEFORE THE ATOMIC SAFETY AND LICENSING-BOARD In the Matter or )

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PRIVATE FUEL STORAGE, LII ) Docket No. 72-22-ISFSI

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(Independent Spent )

Fuel Storage Installation) )-

NRC STAFF'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO APPLICANT'S MOTION FOR

SUMMARY

DISPOSITION (CONTENTION H)

Pursuant to 10 C.F.R. I 2.730, the NRC Staff (" Staff") hereby requests a brief extension of time, until June 25,1999, in which to file its response to " Applicant's Motion for Partial Summary Disposition of Utah Contention H - Inadequate Thermal Design" (" Motion for Partial Summary Disposition"), filed on May 19, 1999. In support of this request, the Staff states as follows:

1. On May 19,1999, Applicant Private Fuel Storage, L.L.C. ("PFS" or " Applicant")

filed its Motion for. Panial Summary Disposition. Pursuant to the Liceming Board's

" Memorandum and Order (Schedule Regarding Panial Summary Dispositian Motion on Contention Utah H)" (" Order") of May 21,1999, responses to the Applicant'r, Motion are due to be filed on or before June 8,1999, and any reply to a response supporting the Motion is due to be filed by June 18,1999.

' 9906070012 990603 4 PDR ADOCK 07200022 0i C PDR \

2. The Applicant's Motion for Partial Summary Disposition concerns Contention Utah H (Thermal Design). That contention is a " Group II" safety contention, which is scheduled for consideration during the second round of evidentiary hearings to be held in the period of July 31 - September 1, 2000. First-round discovery on this contendon remains open, in part,' and a second round of limited discovery may be held on this contention in January-February, 2000.2 Thus, the schedule for evidentiary consideration of Contention H mmains open at this time.

3. The Staff has commenced its review of the Applicant's Motion, in preparation for filing a response thereto. At the same time, the Staffis currently engaged in completing its review of ten Group I safety / security plan contentions and is preparing to file its position on those contentions on June 15,1999, in accordance with the schedule established by the Licensing Board.

In view of the time required to complete these different activities, the Staff has determined that the preparation of a response at this time to the Applicant's Motion for Partial Summary Disposition on Contention H will interfere with its timely filing of its position on Group I contentions.

4. The Staff's filing of its position on Group I contentions on June 15,1999 is required by the previously established schedule in this proceeding, and is necessary in order to ,

3 The Licensing Board has indicated that it may provide a limited period for additional discovery on Utah Contention H following its ruling on the Applicant's Motion for Partial Summary Disposition, in that (1) the PFS partial summary disposition motion will not be fully briefed until after the initial discovery period relative to contention Utah H is scheduled to close, and (2) a motion has been filed by the State of Utah to compel further discovery responses by the Applicant concerning Contention Utah H (Order at 1-2). j 2 I See " Memorandum (Additional E-mail Address for Administrative Judge Kline and Revised General Schedule)," dated May 18,1999, at Attachment A.

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3-avoid any disruption or delay in that schedule. In contrast, a brief extension of time for the filing of a response to the Applicant's motion for partial summary disposition of Contention H (a Group II contention) will not adversely affect the schedule for litigation of Contention H or any other Group II safety contention. ~Accordingly, the Staff has deterEtined that it requires a brief

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extension of the time for filing a response to the Applicant's Motion.

5. In addition, c'ertain other events are likely to adversely affect the Staff's ability to respond to the Applicant's Motion for Partial Summary Disposition while preparing to file its position on Group I contentions. Specifically, the NRC's Office of the General Counsel, including Staff Counsel's office, is scheduled to move to a new location during the period of l

June 4-7,- 1999. This will require the boxing and un-boxing of Staff Counsel's files and working papers, and will make it more difficult for the Staff to render a timely response to the Applicant's Motion during the same period that it is required to file its position on Group I contentions. In addition, Staff Counsel is required to be out of the office on June 17-18,1999, in a previously scheduled NRC training course. In light of these considerations, the Staff has determined that it j will require an additional period of time, until June 25, 1999, in which to respond to the Applicant's Motion.

6. Staff Counsel has contacted Counsel for the Applicant and Counsel for the State of Utah. Neither of those parties objects to the Staff's request for an extension of time in which to respond to the Applicant's Motion, although Counsel for the State requests that the State be afforded a similar extension of time to file its response to the Applicant's Motion. The Staff would not oppose the State's request for a similar extension of time; Counsel for the Applicant ,

I has indicated that he would oppose the State's request absent a showing of good cause therefor.

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7. The Staff notes that grant of its request will require an adjustment of the time established for filing replies to any response filed in support of the Applicant's Motion. Under the existing schedule, any such reply is currently due to be filed ten days after the filing of a response supporting the Applicant's Motion, i.e., by June 18,19h9.

WHEREFORE, the Staff hereby requests a two-week extension of time, until June 25, 1999, for the filing of its response to the Applicant's Motion for Partial Summary Disposition of Contention Utah H.

Respectfully submitted, n)$

Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 3rd day of June 1999 I

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e DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) O{j +~

~) ADJUDJ :4F

' PRIVATE FUEL STORAGE L.L.C. ) Docket No. 72-22-ISFSI

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(Independent Spent )

Fuel Storage Installation) )

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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S MOTION FOR EXTENS?ON OF TIME TO FILE RESPONSE TO APPLICANT'S MOTION FOR

SUMMARY

DISPOSITION l (CONTENTION H)" in the above captioned proceeding have been served on the following I through deposit in the Nuclear Regulatory Commission's internal mail system, or by deposit in the United States mail, first class, as indicated by an asterisk, with copies by electronic mail as indicated, this 3rd day of June,1999:

G. Paul Bollwerk, III, Chairman Atomic Safety and Licensing Board Panel I Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Office of the Secretary (E-mail copy to GPB@NRC. GOV) ATTN: Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Dr. Jerry R. Kline Washington, DC 20555 l Administrative Judge (E-mail copy to:

Atomic Safety and Licensing Board HEARINGDOCKET@NRC. GOV)

U.S. Nuclear Regulatory Commission Washington, DC 20555.- Office of the Commission Appellate (E-mail copy to JRK2@NRC. GOV) Adjudication Mail Stop: 16-C-I OWFN Dr. Peter S. Lam U.S. Nuclear Regulatory Commission Administrative Judge Washington, DC 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission James M. Cutchin, V Washington, DC 20555 Atomic Safety and Licensing Board

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

Danny Quintana, Esq.*

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.' Danny Quintana & Associates, P.C. Diane Curran, Esq.*

50 West Broadway, Founh Floor Harmon, Curran, Spielberg Salt Lake City, UT 84101 & Eisenberg, L.L. P.

(E-mail copy to 1726 M. Street N.W., Suite 600 quintana @Xmission.com) Washington, D.C. 20036 (E-mail copy to ,

Jay E. Silberg, Esq.*- deurran@harmoncurran.com)

Ernest Blake, Esq.*

Paul A. Gaukler, Esq.* John Paul Kennedy, Sr., Esq.*

SHAW, PITTMAN, POTTS & 1385 Yale Ave.

TROWBRIDGE Salt Lake City, UT 84105 2300 N Street, N.W. (E-mail copy to john @kennedys.org)

Washington, DC 20037-8007 (E-mail copies to jay _silberg, Joro Walker, Esq.*

paul _gaukler, and ernest _blake Land and Water Fund of the Rockies

@shawpittman.com) 2056 East 3300 South, Suite 1 Salt Lake City, UT 84109

. Denise Chancellor, Esq.* (E-mail copy to joro61@inconnect.com)

Fred G. Nelson, Esq.

Utah Attorney General's Office Richard E. Condit, Esq. f

.160 East 300 South, 5th Floor Land and Water Fund of the Rockies j P.O. Box 140873 2260 Baseline Road, Suite 200 Salt Lake City, UT 84114-0873 Boulder, CO 80302 (E-mail copy to dchancel@ State.UT.US) (E-mail copy to rcondit@lawfund.org)

Connie Nakahara, Esq.*

Utah Dept. of Environmental Quality 168 North 1950 West P. O. Box 144810 Salt Lake City, UT 84114-4810 (E-mail copy to enakahar@ state.UT.US) l l

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Sherwin E. Turk Counsel for NRC Staff

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