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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217J9611999-10-22022 October 1999 Order (Granting Motion for Leave to File Reply).* State 991021 Motion for Leave to File Reply to 991018 Pfs & Staff Responses Re Admission of late-filed,amend Contention Utah V Granted.With Certificate of Svc.Served on 991022 ML20217L8541999-10-21021 October 1999 State of Utah Motion for Leave to Reply to Applicant & Staff Responses to State of Utah Request for Admission of late- Filed Amended Utah Contention V.* NRC Staff Do Not Oppose Motion.With Certificate of Svc ML20217E9281999-10-18018 October 1999 NRC Staff Response to State of Utah Request for Admission of late-filed Amended Utah Contention V.* Staff Submits That Contention V Should Be Rejected on Grounds That Contention Untimely Filed Without Good Cause.With Certificate of Svc ML20217E9691999-10-18018 October 1999 Applicant Response to State of Utah Request for Admission late-filed Amended Utah Contention V.* Recommends That State of Utah Request Should Be Denied as Untimely.With Certificate of Svc ML20212M0201999-10-0707 October 1999 Order (Schedule for Responses to Request for Admission of late-filed,amended Contention).* Responses to Amended Utah Contention V Shall Be Filed on or Before 991018. with Certificate of Svc.Served on 991007 ML20217B6741999-10-0404 October 1999 State of Utah Request for Admission of late-filed Amended Utah Contention V.* Amended Contention V Both Admissible & Meets Commission Standard for Late Filed Contentions & Should Be Admitted ML20217B6821999-10-0404 October 1999 Notice of Change of Address.* Submits Listed Address Change for C Nakahara ML20217B6861999-10-0404 October 1999 Declaration of M Resnikoff in Support of State of Utah Amended Contention V.* Declaration of M Resnikoff Re Inadequacy of Table S-4 in 10CFR51 to Address Environ Impacts of Transporting Sf.With Certificate of Svc ML20217B6921999-10-0404 October 1999 Notice of Withdrawal.* Informs That DG Moquin No Longer Represents State of UT in Proceeding & Notice of Appearance Withdrawn Effectively Immediately ML20212C1701999-09-20020 September 1999 Memorandum & Order (Revised General Schedule).* Orders That Parties Should Provide Board with Joint Rept That Outlines Suggested Schedule for Estimated One to Two Day Evidentiary Hearing.With Certificate of Svc.Served on 990920 ML20212B8351999-09-20020 September 1999 Memorandum & Order (Summary disposition-related Rulings).* Applicant 990903 Motion for Reconsideration &/Or Clarification of LBP-99-35 Denied.With Certificate of Svc. Served on 990920 ML20212B8271999-09-20020 September 1999 NRC Staff Correction to NRC Staff Objections & Responses to State of UT Second Set of Discovery Requests Directed to NRC Staff.* No Affidavit Being Provided in Support of Legal Change.With Certificate of Svc.Related Correspondence ML20212B8451999-09-13013 September 1999 State of UT Response to Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribe B.* State Requests Denial of Motion.With Certificate of Svc ML20212B3491999-09-13013 September 1999 State of UT Reply to Application & Staff Oppositions Ot late-filed Second Amended UT Contention Q.* Applicants Objections to Admission of Second Amended Contention Q Without Merit & Should Be Admitted.With Certificate of Svc ML20212B3661999-09-13013 September 1999 Reply Declaration of M Resnikoff in Support of State of UT Second Amended Contention Q.* Statement of Qualications Was Filed on 971120,as an Exhibit to State of UT Contentions in Proceeding ML20211N4651999-09-0909 September 1999 Order (Granting Motion for Leave to File Reply).* State of Utah 990909 Motion for Leave to File Reply Granted in That State Reply to 990903 Pfs & Staff Responses Shall Be Filed by 990913.With Certificate of Svc.Served on 990909 ML20211N4821999-09-0909 September 1999 NRC Staff Response to Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribes B.* with Certificate of Svc ML20211Q9211999-09-0909 September 1999 State of Utah Motion for Leave to Reply to Applicant & Staff Response to Second Amended Contention Q.* Neither Applicant Nor Staff Oppose Subj Motion.With Certificate of Svc ML20212A4521999-09-0808 September 1999 Transcript of 990908 Prehearing Conference Private Fuel Storage,Inc in Rockville,Md.Pp 1168-1215 ML20211Q9301999-09-0707 September 1999 State of Utah Response to Impact of Board Ruling in LBP-99-34 (Utah Contention B) as Ruling May Relate to Other Admitted Contentions.* Maintains That Relevant Parts of Contentions R & Not Be Dismissed.With Certificate of Svc ML20211M5571999-09-0707 September 1999 Order (Schedule for Responses to Reconsideration/ Clarification Motion).* Orders That Party Responses Be Filed on or Before 990913.With Certificate of Svc.Served on 990907 ML20211M4051999-09-0707 September 1999 NRC Staff Position Regarding Impact of LBP-99-34 on Other Contentions.* Staff Submits That Remaining ITP-related Contentions (or Portions of Contentions) Should Be Dismissed.With Certificate of Svc ML20211M5691999-09-0707 September 1999 Applicant Position on Dismissal of ITP-related Contentions.* Requests That ITP-related Portions of Contentions Be Dismissed.With Certificate of Svc ML20211M3151999-09-0707 September 1999 Joint Rept to Aslb.* Authorizes Applicant to Submit Joint Rept Re Scheduling of Nov 1999 Evidentiary Hearing,Estimate of Time Trial & Security-C Hearings in Response to 990830 Memorandum & Order.With Certificate of Svc ML20211N4901999-09-0303 September 1999 Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribes B.* with Certificate of Svc ML20211M2411999-09-0303 September 1999 NRC Staff Response to State of Utah Request for Admission of late-filed Second Amended Utah Contention Q.* Recommends for Reasons Stated,That State Second late-filed Contention Q Be Rejected.With Certificate of Svc ML20211M5421999-09-0303 September 1999 Applicant Response to State of Utah Request for Admission of late-filed Second Amended Utah Contention Q.* Applicant Requests That Board Deny Utah Request.With Certificate of Svc ML20211M2021999-08-31031 August 1999 Declaration of Jc Pechman.* Declaration of Jc Pechman Supporting Factual Statements Contained in State of Utah Supplemental Response to Applicant Second Discovery Request (Contention L),Filed on 990831 ML20211J8341999-08-31031 August 1999 State of UT Supplement Response to Applicant Second Discovery Request (Contention L).* State of UT Acceded to Applicant Request to Suppl State 990628 Discovery Request. with Certificate of Svc.Related Correspondence ML20211G8941999-08-30030 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contention Utah B).* Grants 990611 Motion for Summary Disposition of Pfs & Rendors Decision Re Contention Utah B in Favor of Pfs.With Certificate of Svc.Served on 990830 ML20211G8141999-08-30030 August 1999 Memorandum & Order (Granting in Part & Denying in Part Motion for Partial Summary Disposition Re Contention Utah K/Confederated Tribes B).* Decision Rendered in Favor of Pfs.With Certificate of Svc.Served on 990830 ML20211G8381999-08-30030 August 1999 Memorandum & Order (Denying Motion for Partial Summary Disposition of Contention Utah R).* Pfs Requests for Partial Summary Disposition on Part of Contention Utah R Denied. with Certificate of Svc.Served on 990830 ML20211G9001999-08-30030 August 1999 Memorandum & Order (Administrative & Scheduling Matters).* Board Will Hold Telcon with Parties to Discuss Number of Administrative & Scheduling Matters Re Three Group I Issues for Litigation.With Certificate of Svc.Served on 990830 ML20211E8231999-08-27027 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contention Utah G).* Order Granted for Reasons Given in Memo.Decision Regarding Contention Rendered in Favor of Pfs.With Certificate of Svc.Served on 990827 ML20211E7411999-08-27027 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contentions security-A & security-B & Partial Summary Disposition Re Contention security-C).* Pfs Motion Granted. with Certificate of Svc.Served on 990827 ML20211F0221999-08-27027 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contention Utah M).* Pfs Established No Genuine Issue as to Any Matl Fact & Is Entitled to Judgement in Favor as Matter of Law.W/Certificate of Svc.Served on 990827 ML20211G9031999-08-26026 August 1999 Applicant Second Supplement Response to State First Requests for Discovery.* Applicant Files Suppl Response,Per 10CFR2.740(e),to Name Addl Witness to Be Called at Hearing. with Certificate of Svc.Related Correspondence ML20211A6691999-08-23023 August 1999 Order (Schedule for Responses to Request for Admission of late-filed Second Amended Contention Utah Q).* Orders That Party Responses to State 990820 Request Be Filed on or Before 990903.With Certificate Svc.Served on 990823 ML20211A5821999-08-20020 August 1999 NRC Staff Second Suppl Response to State of UT First Set of Discovery Requests Directed to NRC Staff.* Staff Reiterates & Renews Each Objection to State Discovery Requests.Related Correspondence ML20211B8411999-08-20020 August 1999 Supplemental Affidavit of a Ghosh.* Supplemental Affidavit of a Ghosh Re NRC Staff Objections & Responses to State of UT Second Set of Discovery Requests Directed to NRC Staff, Pertaining to Utah Contention K ML20211C0091999-08-20020 August 1999 Declaration of M Resnikoff in Support of State of Utah Second Amended Contention Q.* ML20211B8581999-08-20020 August 1999 Affidavit of B Sagar.* Affidavit of B Sagar Re NRC Staff Objections & Responses to State of Utah Second Set of Discovery Requests Directed to NRC Staff Re Utah Contention K 1999-09-09
[Table view] Category:ORDERS
MONTHYEARML20217J9611999-10-22022 October 1999 Order (Granting Motion for Leave to File Reply).* State 991021 Motion for Leave to File Reply to 991018 Pfs & Staff Responses Re Admission of late-filed,amend Contention Utah V Granted.With Certificate of Svc.Served on 991022 ML20212M0201999-10-0707 October 1999 Order (Schedule for Responses to Request for Admission of late-filed,amended Contention).* Responses to Amended Utah Contention V Shall Be Filed on or Before 991018. with Certificate of Svc.Served on 991007 ML20212C1701999-09-20020 September 1999 Memorandum & Order (Revised General Schedule).* Orders That Parties Should Provide Board with Joint Rept That Outlines Suggested Schedule for Estimated One to Two Day Evidentiary Hearing.With Certificate of Svc.Served on 990920 ML20212B8351999-09-20020 September 1999 Memorandum & Order (Summary disposition-related Rulings).* Applicant 990903 Motion for Reconsideration &/Or Clarification of LBP-99-35 Denied.With Certificate of Svc. Served on 990920 ML20211N4651999-09-0909 September 1999 Order (Granting Motion for Leave to File Reply).* State of Utah 990909 Motion for Leave to File Reply Granted in That State Reply to 990903 Pfs & Staff Responses Shall Be Filed by 990913.With Certificate of Svc.Served on 990909 ML20211M5571999-09-0707 September 1999 Order (Schedule for Responses to Reconsideration/ Clarification Motion).* Orders That Party Responses Be Filed on or Before 990913.With Certificate of Svc.Served on 990907 ML20211G8141999-08-30030 August 1999 Memorandum & Order (Granting in Part & Denying in Part Motion for Partial Summary Disposition Re Contention Utah K/Confederated Tribes B).* Decision Rendered in Favor of Pfs.With Certificate of Svc.Served on 990830 ML20211G8381999-08-30030 August 1999 Memorandum & Order (Denying Motion for Partial Summary Disposition of Contention Utah R).* Pfs Requests for Partial Summary Disposition on Part of Contention Utah R Denied. with Certificate of Svc.Served on 990830 ML20211G8941999-08-30030 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contention Utah B).* Grants 990611 Motion for Summary Disposition of Pfs & Rendors Decision Re Contention Utah B in Favor of Pfs.With Certificate of Svc.Served on 990830 ML20211G9001999-08-30030 August 1999 Memorandum & Order (Administrative & Scheduling Matters).* Board Will Hold Telcon with Parties to Discuss Number of Administrative & Scheduling Matters Re Three Group I Issues for Litigation.With Certificate of Svc.Served on 990830 ML20211E7411999-08-27027 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contentions security-A & security-B & Partial Summary Disposition Re Contention security-C).* Pfs Motion Granted. with Certificate of Svc.Served on 990827 ML20211E8231999-08-27027 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contention Utah G).* Order Granted for Reasons Given in Memo.Decision Regarding Contention Rendered in Favor of Pfs.With Certificate of Svc.Served on 990827 ML20211F0221999-08-27027 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contention Utah M).* Pfs Established No Genuine Issue as to Any Matl Fact & Is Entitled to Judgement in Favor as Matter of Law.W/Certificate of Svc.Served on 990827 ML20211A6691999-08-23023 August 1999 Order (Schedule for Responses to Request for Admission of late-filed Second Amended Contention Utah Q).* Orders That Party Responses to State 990820 Request Be Filed on or Before 990903.With Certificate Svc.Served on 990823 ML20210S4791999-08-17017 August 1999 Order (Granting Motion for Leave to File Reply Pleading).* State 990816 Motion to File Reply to Pfs 990806 Response Granted in That State Has Up to 990818 to File Reply.With Certificate of Svc.Served on 990817 ML20210M4511999-08-0909 August 1999 Order (Granting Motion for Leave to File Reply to Response).* Grants State of Utah 990806 Motion for Leave to File Reply to NRC Staff 990805 Response.With Certificate of Svc.Served on 990809 ML20210L2971999-08-0505 August 1999 Order (Granting Motion for Extension of Time to Respond to Discovery Requests).* NRC 990804 Motion for Extension of Time to Provide Discovery Responses Granted.With Certificate of Svc.Served on 990805 ML20210H8071999-08-0202 August 1999 Order (Schedule for Responses to Motion to Strike).* Orders That Party Responses to 990730 Pfs Motion to Strike Portion of 990722 Response of Intervenor to 990607 Pfs Motion Be Filed by 990806.With Certificate of Svc.Served on 990802 ML20210D8901999-07-27027 July 1999 Order (Granting Filing Extension Motions & Setting Schedule for Responses to Request for Admission of late-filed Contention).* Grants State 990720 Motion for Extension of Time.With Certificate of Svc.Served on 990727 ML20210D9101999-07-27027 July 1999 Memorandum & Order (Dismissing Contention Utah F/Utah P).* Dismisses Contention Utah F/Utah P with Prejudice as Requested by Intervenor State of Utah in Motion Filed on 990713.With Certificate of Svc.Served on 990727 ML20209A9191999-07-0202 July 1999 Order(Granting Time & Page Extension Motions).* Grants Motion for Addl Extension of Time to Respond to Pfs Summary Disposition Motion,Which Shall Be Filed on or Before 990713. with Certificate of Svc.Served on 990702 ML20212J5491999-07-0101 July 1999 Order (Granting Time Extention Motions).* State Motions for Extention of Time to Respond to Pfs Summary Disposition Motions & to File Discovery Motions to Compel, Granted.With Certificate of Svc.Served on 990701 ML20196E1581999-06-25025 June 1999 Order (Schedule for late-filed Contention Responses).* Orders That Responses to State of Utah 990623 Motion for Admission of late-filed Amended Contention Utah C Be Filed by 990707.With Certificate of Svc.Served on 990625 ML20196C4631999-06-23023 June 1999 Order (Granting Time Extension Motion Re Summary Disposition Filings for Contentions Utah B & Utah K/Confederated Tribes B).* State 990621 Motion for Extension of Time to Respond to Pfs,Granted.With Certificate of Svc.Served on 990623 ML20207H5641999-06-17017 June 1999 Order (Granting Joint Motion for Further Extension of Discovery Schedule).* Joint Motion of Pfs & State of Utah for Extension of Time for Filing Group II & III Discovery Responses,Granted.With Certificate of Svc.Served on 990617 ML20207H5681999-06-17017 June 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contention Utah C).* Grants Summary Dispositon in Favor of Private Fuel Storage.With Certificate of Svc.Served on 990617 ML20195F6311999-06-14014 June 1999 Memorandum & Order (Ruling on Motions to Extend Discovery & to Quash Deposition Notice).* Ogd 990528 Motion to Extend Formal Discovery Period Denied & Licensee 990604 Motion Granted.With Certificate of Svc.Served on 990614 ML20207E4001999-06-0404 June 1999 Order (Ruling on Discovery & Summary Disposition Time Extension Filings).* Ogd 990602 Motion to Defer Action on Motion to Compel,Granted.Staff 990603 Motion for Extention of Time,Granted.With Certificate of Svc.Served on 990604 ML20207D7351999-06-0202 June 1999 Memorandum & Order (Providing Opportunity to Address Import or License Application Amend.* Informs That Licensee,State & Staff Have Until 990608 within Which to Address Question of Import.With Certificate of Svc.Served on 990602 ML20207D7801999-06-0202 June 1999 Order (Schedule for Responses to Motion to Extend Discovery Period).* Responses to Motion Shall Be Filed on or Before 990607.With Certificate of Svc.Served on 990602 ML20207A5611999-05-26026 May 1999 Order (Granting Time Extension for Discovery Responses & Contention Utah K Summary Disposition Motion).* Pfs/State Joint Motion for Extension of Time to File Response,Granted.With Certificate of Svc.Served on 990526 ML20207A5671999-05-26026 May 1999 Memorandum & Order (Denying Motion to Require Rule Waiver Request or to Amend Contention Utah L).* Denies State of Utah Motion to Require Pfs to Apply for 10CFR2.758(b) Rule Waiver.With Certificate of Svc.Served on 990526 ML20206S9111999-05-21021 May 1999 Memorandum & Order (Schedule Re Partial Summary Disposition Motion on Contention Utah H).* Orders Responses Supporting or Opposing 990519 Pfs Motion Be Filed by 990608 & by 990618.With Certificate of Svc.Served on 990521 ML20206P1601999-05-17017 May 1999 Order (Granting Motion for Addl Time Extension & Establishing Schedule for Motion to Strike Responses).* Orders That 990514 Pfs Motion Granted Until 990604.With Certificate of Svc.Served on 990518 ML20206H8681999-05-11011 May 1999 Order (Ruling on Applicant 990422 Motion to Compel.)* Motion to Compel with Respect to Private Fuel Storage,Llc Interrogatories Re Contention UT K Numbers 1-7 Denied.With Certificate of Svc.Served on 990511 ML20206H8911999-05-10010 May 1999 Order (Granting Time Extension Motion).* Orders That Private Fuel Storage LLC 990506 Motion for Extension of Time Be Granted & Brief in Support of Motion for Summary Disposition Be Filed by 990518.With Certificate of Svc.Served on 990510 ML20206F9741999-05-0606 May 1999 Order (Rule Waiver Motion Response Schedule).* Orders Party Responses to State of Utah 990430 Motion to Require Applicant to Apply for 10CFR2.758(b) Rule Waiver Be Filed by 990512.With Certificate of Svc.Served on 990506 ML20206B6591999-04-29029 April 1999 Order (Granting Time Extension Motion).* State of Utah 990428 Motion for Extension of Time to File Motion to Compel Re Pfs 990421 Objections,Granted in That Motion Be Filed on or Before 990430.With Certificate of Svc.Served on 990429 ML20205S0761999-04-23023 April 1999 Order (Response Schedules).* Orders That Any Party Responses to Staff Shall Be Filed on or Before 990430 & Disposition on Contention UT C Shall Be Filed on or Before 990511.With Certificate of Svc.Served on 990423 ML20205M7761999-04-15015 April 1999 Memorandum & Order.* Commission Affirms LBP-99-03 Granting late-filed Intervention Petition of Southern Utah Wilderness Alliance Arising from Application of Private Fuel Storage. with Certificate of Svc.Served on 990415 ML20205C0161999-03-29029 March 1999 Order.* Time within Which Commission May Take Sua Sponte Review of Licensing Board Orders, (LBP-99-06) & 990218 (LBP-99-07) Extended to 990405.With Certificate of Svc.Served on 990329 ML20205A9171999-03-29029 March 1999 Memorandum & Order (Granting Motion for Addl Limited Discovery on Group 2 & 3 Contentions).* Filings Should Be Received by Midnight on Day of Filing.With Certificate of Svc.Served on 980329 ML20204C7481999-03-19019 March 1999 Memorandum & Order (Telcon Re Status of Discovery).* Board Requests That Lead Parties Be Prepared to Provide Estimate of Time Needed to Try Group I Contentions.With Certificate of Svc.Served on 990319 ML20203G6841999-02-18018 February 1999 Memorandum & Order (Denying Motion to Amend Security Contentions).* for Reasons stated,981217 Motion of State of Utah to Amend State Security Contentions Denied. with Certificate of Svc.Served on 990218 ML20203F2101999-02-17017 February 1999 Order (Revised General Schedule).* Reissues General Schedule for Proceeding to Reflect Dismissed Contentions & Revised Contention Names.Rev Also Indicates Addition of Contention Suwa B.With Certificate of Svc.Served on 990217 ML20203F1811999-02-17017 February 1999 Memorandum & Order (Approving Notice of Withdrawal & Denying Request to Adopt Contentions as late-filed).* Notice of Withdrawal of Intervenor Castle Rock Accepted & Approved.With Certificate of Svc.Served on 990217 ML20202F3731999-02-0303 February 1999 Memorandum & Order (Granting late-filed Intervention Petition).* Orders That Southern Utah Wilderness Alliance Admitted as Party to Proceeding in Matter of Private Fuel Storage.With Certificate of Svc.Served on 990203 ML20198Q9691999-01-0707 January 1999 Order (Schedule for Replies to Responses to Notice of Withdrawal).* Party Replies to Private Fuels,State & NRC 990105 Responses to 981221 Notice of Withdrawal May Be Filed by 990115.With Certificate of Svc.Served on 990107 ML20198N1381999-01-0404 January 1999 Order (Granting Motion for Leave to Exceed Page Limit).* State of UT 981231 Motion to Exceed 10-page Limit on Pleadings Granted.With Certificate of Svc.Served on 990104 ML20198K9751998-12-30030 December 1998 Order (Granting Motion for Leave to File Reply).* Private Fuel Storage,Llc Request for Leave to File Reply Granted & Shall Have Up to & Including 990105 within Which to File Reply.With Certificate of Svc.Served on 981231 1999-09-09
[Table view] |
Text
L.)qqq9 UNITED STATES OF AMERICA LBSc99E7{t!
NUCLEAR REGULATORY COMMISSION :; 'li",
ATOMIC SAFETY AND LICENSING BOARD 59 FEB 16 g;28 Before Administrative Judges:
G. Paul Bollwerk, III, Chairman C Dr. Jerry R. Kline D
~
Dr. Peter S. Lam ADJ WRVED RB 16 f999 In the Matter of Docket No. 72-22-ISFSI PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel February 18, 1999 Storage Installation)
MEMORANDUM AND ORDER (Denying Motion to Amend Security Contentions)
As part of its challenge to the pending application of Private Fuel Storage, L.L.C., (PFS) for authorization to construct and operate a 10 C.F.R. Part 70 independent spent fuel storage installation (ISFSI) on the Utah reservation of the Skull Valley Band of Goshute Indians (Skull Valley Band), intervenor State of Utah (State) previously sought and gained admission of several contentions regarding the adequacy of the physical security arrangements for the PFS facility. Sge LBP-98-17, 48 NRC 69, .arantina reconsideration of LBP-98-13, 47 NRC 360 (1998). In particular, the Board admitted portions of contentions Security-A, Security-B, and Security-C on the issue whether a June 1997 cooperative law enforcement agreement 9902220023 990218 ~V PDR c ADOCK 07200022 roR yph
i
.1
[(CLEA)) that-permits the Tooele County sheriff's-office to exercise law i enforcementLauthority on the Skull l Valley. Band reservation has been- i properly adopted by Tooele' County, !
thereby allowing the county sheriff's i office to fulfill its role as the i designated (local law enforcement agency (LLEA)).for the PFS facility. j o
LBP-98-17, 48 NRC at 71. The State now seeks to amend these l l
admitted contentions to permit litigation of a new question l l
regarding the participation of the Tooele County sheriff's' l
'i office in responding to. incidents at the.PFS facility, a :
request both PFS and the NRC staff oppose. 1 For the reasons that follow, we deny the State's ,
security contentions amendment request.
t I. BACKGROUND l
l-The State's motion, which was submitted to the Board on December 17, 1998, is footed on a December 2, 1998' letter from'the Tooele County Attorney that is attached to the State's pleading. Egg [ State] Motion to Amend Security Contentions (Dec. 17, 1998) exh. 3 [ hereinafter State Motion). Responding to an October 14, 1998 written inquiry I from the Executive Director of the State's Department of I
Environment Quality about the extent of the assistance F Tooele. County will render for. law enforcement on the Skull
! Valley Band reservation, ggg id. exh. 2, in that letter the I
Tooele County-Attorney stated:
1.
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i i
l I
I do not believe Tooele County is l obligated to provide law enforcement l protection to (PFS] and their proposed i storage site. Tooele County patrols 1 areas as requested by Skull Valley Tribal government. If they desire to include the (PFS] site we will have to revise the CLEA and negotiate to provide this service. At the time the CLEA was signed there was no discussion or i contemplation that (PFS) would be part !
of the agreement. Moreover, the county has not yet entered into any agreement that has any bearing on locating the PFS storage facility on the reservation. l l
Id. exh. 3, at 1.
According to the State, this statement by the Tooele County Attorney, who approved the existing CLEA as to form, establishes that PFS cannot satisfy the requirements of 10 C.F.R. S 73.51(d) (6) and 10 C.F.R. Part 73, App. C, i S 3.d, which respectively require that an ISFSI applicant :
1 must (1) show a documented liaison with a designed LLEA to permit timely response to unauthorized penetration activities; and (2) provide a listing of available LLEAs, as well as a description of their response capabilities and criteria and a discussion of working arrangements or agreements for communication with such LLEAs. Because the December 2 letter shows that Tooele County will not provide law enforcement protection to the PFS facility under the existing CLEA, the State asserted it has (a) raised an additional admissible legal challenge; (b) added substance to the already admitted basis for contention Security-C
regarding LLEA response time; and (c) provided support for broadening the bases of admitted contentions Security-A and Security-B concerning security force staffing, equipment, ;
and training. Egg State Motion at 5-6. Finally, the State I asserted that in connection with its proposed amendment of j contentions Security-A, Security-B, and Security-C, it l 4
fulfills the five late-filing criteria of 10 C.F.R.
S 2.714 (a) (1) . !
l Both PFS and the staff opposed the PFS motion in pleadings filed December 29, 1998. PFS declared the State's i motion should be rejected because (1) it failed to establish a balancing of the section 2.714 (a) (1) standards support late-filed admission of its new assertions; and (2) the i
State's amended contentions would advocate stricter ;
i requirements than those imposed by the agency's regulations. l
)
l Sag Applicant's Answer to [ State] Motion to Amend Security Contentions (Dec. 29, 1998) at 1 [ hereinafter PFS Response]. ;
i On the second point, PFS maintained that section 73.51(d) (6) l requires only that the LLEA be able to respond to unauthorized activities at the PFS site, not patrol or !
provide preventative protection. Because assistance of the latter type is the subject of the Tooele County Attorney's i
December 2 letter, PFS argued that the State is seeking ;
impermissibly to amend the existing contentions on a basis that goes beyond the requirements of the existing
7.---
ff J*, ..
L ,
regulations. Sgg.id.-at 8-10. - For its.part, the staff j i
challenged the State's request, arguing it (1) had not met J
]
- its burden under the section 2.714(a)(1) late-filing i criteria; and-(2) failed'to' provide authoritative support j for~its new challenge to the facial validity of the existing j J
CLEA as it' vests the Tooele' County sheriff's office with l
jurisdiction to undertake law enforcement activities on the Skull Valley Band reservation. Egg NRC Staff's Response to j
(State] Motion to Amend Security Contentions (Dec. 29, 1998) at 3-11 [ hereinafter Staff Response].
II. ANALYSIS :
l l i.
Because the State once again is seeking to interpose new matters into this proceeding, it must meet the l l
five-factor balancing test found in 10 C.F.R. S 2.714 (a) (1) .
l l And as.-before, we look first to the important factor of good 1 '
cause for late filing. In this instance, the bone of contention posited by PFS and the staff is not the amount of time the State took to lodge its motion after receiving the l
Tooele County Attorney's letter, which was less than two weeks, or even the nearly two months it apparently took
- Tooele County officials to answer the State's information inquiry. At issue instead is the amount of time the State I I- I took to request the information in the first instance. The i
'i i
State'seletter, dated October 14, 1998, was posted some four 4
s
.w- _g -- , ,_
months-after the CLEA was first provided by PFS at a June 17, 1998 prehearing conference, agg Tr. at S-15 to S-16, and more than two months after this Board admitted the CLEA-related issue on reconsideration.
The precipitating event for a late-filed contention often is a subject of some dispute. For present purposes we will assume the State had no reasonable basis for looking further into the CLEA until we granted its reconsideration request in our August 5, 1998 issuance. Even in this posture, however, we are unable to find the State's unexplained two-month delay in directing questions to county officials has any legitimate justification that would provide good cause for its late filing. Having received a copy of the CLEA, t'he State was under an obligation, particularly once we indicated that agreement had some relevance to this proceeding, to act promptly to uncover any additional problems with that pact. In this instance, which apparently did not involve any complex scientific or ;
technical analysis, we find the more than two-month period the State took to inquire too long for it to claim that good cause existed for its late filing.
With this failure to demonstrate good cause for late-filing comes the requirement that the State make a
" compelling showing" regarding the other four late-filing i
factors. Egg LBP-99-6, 49 NRC , (slip op. at 8)
[
l
..7,._ _ ._ _ _ _ __ _ - _ _. _ . -.. .. _ .. . . . ~ . .- _ ._. _ . _ . _ m .-.. _ ,
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i (Feb. 17,11999).- As to factors two and four --' availability [
_of other means to protect' the petitioner's interests and t
extent of representation of those' interests h,v other. l l
partiesf-- we find,.as the staff suggests, ggg Staff' l
I
. i Response at 5-6, that'they weigh in the State's favor. They
- I are, however,. accorded less-weight'in the balance'than the l
i
- other two criteria. Id. j j
Looking to factor three -- assistance in developing a j sound record -- because legal issues are a focal point of the State's motion, the need for an extensive showing regarding witnesses and testimony may be less compelling.
Egg LBP-98-29, 48 NRC 286, 301 n.18 (199 8 ) '. At the same time,.the State seeks to use this matter as a vehicle to 1
gain further consideration of previously rejected factual i
L contentions regarding the adequacy of security force
- staffing and equipment, albeit without the' requisite evidentiary proffer regarding these elements, thereby i
diluting somewhat the support factor three provides on the l admission side of the balance. l
)
Finally, factor five -- broadening the issues / delaying j the proceeding -- clearly does not support the State's ;
( request to amend its security contentions. Litigation i- regarding the Tooele County sheriff office's legal i
obligations under the CLEA is likely significantly to broaden and delay this proceeding, raising as it does a 1 1
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_g_
substantive challenge to the agreement, as opposed to the i essentially procedural challenge to its adoption protocols that is now before the Board, as well as the possibility of awaiting-the outcome of legal actions in other judicial forums.
In sum, even with the modest support afforded by i factors two, three, and four, the compelling showing needed to overcome the lack of good cause under factor one is I lacking. The State's request to amend several of its ;
)
security contentions therefore must be denied.* +
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Having found that under a balancing of the section 2.714 (a) (1) late-filing factors the State's amendment request should not be entertained, we need not reach the question of its admissibility. Nonetheless, we note that even if it had met those criteria, we would not be inclined to permit the amendment given (1) the import of section 73.51(d) (6) 's reference to LLEA " response"; and (2) the failure of the statements in Tooele County Attorney's letter to call into question our previous pronouncement that "nothing on the face of the cooperative agresment gives us cause to question its validity as it provides [ law enforcement] jurisdiction on the Skull Valley Band's
. reservation for the designated LLEA." LBP-98-13, 47 NRC at 370 n.9.
Nevertheless, with the CLEA's provisions regarding yearly review and termination, see State Motion, exh. 1, at 3, the potential exists for further developments that may call into question the substance of LLEA jurisdiction, geg
' Staff Response at 10. Nothing in our ruling today precludes party requests for the admission of appropriate issues if future events warrant.
4
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-9_
III. CONCLUSION In' seeking to amend its security contentions to j introduce questions regarding the validity of the CLEA as it j l
provides that Tooele' County will. afford law enforcement j services on the Skull Valley Band's reservation, intervenor i
State of Utah has failed to demonstrate that the five factors governing late-admission of contentions under 10 C.F.R. S 2.714(a)(1) support entertaining those l
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I-revisions. We thus reject the State's motion to amend its security contentions.
- For the foregoing reasons, it is this eighteenth day of February 1999, ORDERED, that the December 17, 1998 motion of I
the State to amend its security contentions is denied.
THE ATOMIC SAFETY AND LICENSING BOARD 2 G.
h.Pm Paul lhtL~c.
Bollwerk, TII cr ADMINISTRATIVE JUDGE n
\ M Peter S. Lam ADMINISTRATIVE JUDGE j l
Rockville, Maryland February 18, 1999 !
1 1
1 2
Copies of this memorandum and order were sent this ;
date by Internet e-mail transmission to counsel for (1) the I applicant PFS; (2) intervenors Skull Valley Band, Ohngc Gaudadeh Devia, Confederated Tribes of the Goshute Reservation, Southern Utah Wilderness Alliance, and the State; and (3) the staff.
Judge Kline was unavailable to participate in final ocliberations regarding, or to sign, this memorandum and order. !
l
UNITED STATES OF AMERICA i NUCLEAR REGULATORY COMMISSION I
In the Matter of PRIVATE FUEL STORAGE, LLC' Docket No.(s) 72-22-ISFSI ]
(Independent Spent Fuel Storage-Installation)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMO E ORDER (LBP-99-7) have been served upon the following persons by U.S. mail,. first class, except as.otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judge Office of Commission Appellate G. Paul Boilwork, III, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop 3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge
! Jerry R. Kline Peter S. Lam Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555- Washington, DC 20555 i
Sherwin E. Turk, Esq.
Catherine L.-Marco, Esq. Diano Curran, Esq.
Office of the General Counsel- Harmon, curran, Spielberg & Eisenberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 ,
U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, DC '20555 l
Martin S. Kaufman, Esq. Joro Walker, Esq.
l Atlantic Legal Foundation Land and Water Fund of the Rockies 205 E. 42nd St. 165 South Main, Suite 1 >
New York, NY 10017 Salt Lake City, UT 84111 !
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- . 2,..-. ., ,-- ..
Docket No.(s)72-22-ISFSI LB MEMO & ORDER (LBP-99-7)
Denise Chancellor, Esq.
Assistant Attorney General Jay E. Silberg, Esq.
Utah Attorney General's Office Shaw, Pittman, Potts & Trowbridge 160 East 300 South, 5th Floor 2300 N Street, NW P.O. Box 140873 Washington, DC 20037 Salt Lake City, UT 84114 John Paul Kennedy, Esq. Richard E. Condit, Esq.
Confederated Tribes of the Goshute Land and Water Fund of the Rockies !
Reservation and David Pete 2260 Baseline Road, Suite 200 1385 Yale Avenue Boulder, CO 80302 i Salt Lake City, UT 84105 l l
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Clayton J. Parr, Esq. Danny Quintana, Esq. I Castle Rock, et al. Skull Valley Band of Goshute Indians Parr, Waddoups, Brown, Gee & Loveless Danny Quintans & Assocs., P.C.
185 South State Street, Suite 1300 50 West Broadway, Fourth Floor Salt Lake .. y, UT 84111 Salt Lake City, UT 84101 Richard Wilson
- Department of Physics Harvard University Cambridge, MA 02138 Dated at Rockville, Md. this 18 day of Februar3 1999
/'ht44 wJ l DTfice of the Secref/ary of theJCommission 1
I