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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20217E0661999-10-12012 October 1999 Forwards Original Declaration of M Resnikoff in Support of State of Utah Amended Contention V, ,not Available at Time State of UT 991004 Request for Admission of late-filed Amended Utah Contention V.Related Correspondence ML20212G0161999-09-24024 September 1999 Forwards Copy of That NRC Received from Jp Jp Kennedy Re L Bear Representation of Skull Valley Band of Goshute Indians in Connection with ISFSI Proposed to Be Constructed by Pfs Llc.Related Correspondence.Without Encl ML20212G0461999-09-20020 September 1999 Forwards Original Signed Reply Declaration of M Resnikoff in Support of State of Utah Second Amended Contention Q, ML20216F3981999-09-20020 September 1999 Forwards List of Documents Responsive to State Second Discovery Request.Without Encl.Related Correspondence ML20211P6341999-09-0909 September 1999 Forwards Calculation Package List in Re Rev of Submittal Schedule.List of Contents Submitted ML20211Q9251999-09-0808 September 1999 Informs That Author Recently Became Aware of Evidence Which Author Believes Reflects Serious Conflicts with Evidence Presented to & Being Relied Upon by Licensing Board Re Pfs.Related Correspondence ML20211M6741999-09-0303 September 1999 Responds to NRC 990819 Telcon Re Projected Future Growth in Civilian & Military Air Traffic,Use of Flight Termination Systems for Cruise Missiles & Info on Recent Cruise Missile Incident ML20211M1871999-09-0202 September 1999 Forwards Original Signed Documents Which Include Declaration of Jc Pechman Re Contention L,Declaration of M Resnikoff, Re Utah Contention Q & Declaration of M Resnikoff Re Utah Contention R ML20210L9461999-08-0505 August 1999 Forwards Signed Original (Plus Two Copies) of Declaration of J Cooper Verifying Applicant Amended Response to State Second Requests for Discovery (Group I),Inadvertently Excluded from .Related Correspondence ML20210M4411999-08-0404 August 1999 Forwards Signed Original (Plus Two Copies) of Declaration of J Cooper Verifying Applicant Amended Response to State Second Requests for Discovery (Group I) to Replace Facsimile Copy ML20210B3341999-07-20020 July 1999 Informs That on 990628,State of UT Filed Objections & Responses to Applicant Second Set of Discovery Requests with Respect to Group II & III Contentions. Related Correspondence ML20209E4561999-07-12012 July 1999 Forwards Signed Original (Plus Two Copies) of Declaration of Jl Donnell Verifying Applicant Supplemental Response to Ogd First Set of Discovery Requests ML20196K5141999-07-0101 July 1999 Forwards Signed Originals of Declarations & Affidavits to Replace Facsimile Copies,Including Declarations of Davis, Jd Parkyn,E Supko,Verifying Applicant Discovery Responses to State Second Request for Discovery (Group II & III) ML20209A8171999-06-30030 June 1999 Forwards Original Signed Documents Which Had Not Been Available at Time Certain State Pleadings Filed.Related Correspondence ML20196F1571999-06-25025 June 1999 Forwards Declarations & Affidavits to Replace Facsimile Copies of Jl Cole,W Hennessy,D Axt,J Cooper,Dw Lewis, J Donnell & Wj Jacobs Filed on 990604 & W Jacobs,J Cooper, F Davis & C Britton Filed on 990607.Related Correspondence ML20196C4431999-06-21021 June 1999 Confirms 990621 Telcon Re NRC Response to State of Utah First Set of Discovery Requests Directed to NRC, .NRC Agreed That Staff Would Respond to Discovery Requests as Listed.Related Correspondence ML20196A8791999-06-18018 June 1999 Forwards Signed Original Declarations of J Johns & B Brunsdon to Replace Unsigned Copies That Pfs Filed with Motion for Partial Summary Disposition of Contention Utah K, on 990607 ML20196C3691999-06-18018 June 1999 Forwards Original Signed Documents (Plus Two Copies of Each) Which Had Not Been Available at Time Certain State Pleadings Filed.Declaration of M Resnikoff Encl ML20196C3841999-06-18018 June 1999 Forwards Original Signed Documents (Plus Two Copies of Each) Which Had Not Been Available at Time Certain State Pleadings Filed.Declaration of D Larsen,B Brandford,N Taylor & DB Cole Encl.Related Correspondence ML20195H3711999-06-0909 June 1999 Discusses Statement Specifying What Portions of Licensee 990527 Motion to Compel No Longer Require Board Action ML20195D7171999-06-0808 June 1999 Forwards Figure Entitled, Comparative Single-Engine Fighter/Attack Class a Flight Mishap Rates, That Should Have Been Included in Rept of Jl Cole.Figure Should Be Inserted in Rept After Page 13 ML20207G1491999-06-0808 June 1999 Forwards Rev 2 to Private Fuel Storage,Llc Physical Protection Plan & Rev 1 to Contingency Plan & Training & Qualification Plan.Plans Withheld from Public Disclosure Per 10CFR73.21 ML20195D6531999-06-0707 June 1999 Forwards Exhibit 1 to Applicant Opposition to Ogd Motion to Extend Discovery & Motion to Quash Ogd Notice of Deposition of L Bear.Exhibit Inadvertently Omitted from Opposition When Filed ML20207E3351999-06-0101 June 1999 Forwards Affidavit of W Lewis Filed in Support of Applicant Partial Motion for Summary Disposition with Respect to Utah H & Affidavits of J Donnell & J Cooper to Applicant Objections & Answers to Suwa First Discovery Request ML20207E3471999-05-28028 May 1999 Forwards Check in Listed Amount to Cover Witness & Mileage Fees for Ld Bear.Motion Filed to Extend Discovery Period & Notice of Deposition for Ld Bear.Without Encl.Related Correspondence ML20207A5601999-05-20020 May 1999 Provides Board with Background Re Footnote 2 Which Appeared in Board 990511 Order Ruling on Applicant 990422 Motion to Compel in Which Listed Info Was Stated ML20206R9461999-05-19019 May 1999 Submits Motion for Partial Summary Disposition of Contention Utah H.Affidavit of I Rampall & Some of Related Exhibits Filed with Pfs Motion,Contain Holtec Intl Proprietary Info & Ask That Affidavit & Exhibits Be Maintained as Confidential ML20206R8871999-05-14014 May 1999 Submits Amended Proprietary Response to State of Utah First Set of Discovery Requests,Specifically Responses to Interrogatories 1-3 for Utah Contention H & Forwards Affidavits of Ai Soler & I Rampall ML20206H8721999-05-0505 May 1999 Forwards State Comments on Proposed Rulemaking Re Changes to Requirements for Environ Review for Renewal of NPP Operating License, & Errata Ltr ML20206H8181999-05-0505 May 1999 Forwards Affidavits Verifying Private Fuel Storage Answers to Interrogatories & Requests for Admissions Filed by Pfs on 990421,in Response to State of Utah First Set of Discovery Requests.Related Correspondence ML20205S0301999-04-21021 April 1999 Informs That Pfs Submitted non-proprietary Response & Proprietary Response to State of UT First Set of Discovery Request.Proprietary Response Contains Matl from Holtec Rept HI-992134.Related Correspondence ML20206B6701999-04-21021 April 1999 Forwards Original Affidavit & Verification of Jd Parkyn Filed in Conjunction with Applicant Objections & Responses to State of Utah First Set of Discovery Requests & Affidavit of W Hennessy Filed in Support of Applicant Motion ML20204D0671999-03-19019 March 1999 Clarifies Inaccuracy in Record of 990216 Appeal Filed by Pfs,Llc Appealing ASLB 990203 Memo & order,LBP-99-3. Believes That 500 Foot Corridor for Rail Line Insignificant to Arguments Made on Appeal.With Certificate of Svc ML20207A2091999-02-10010 February 1999 Informs That Private Fuel Storage Encl Security Plan Has Been re-titled, Physical Protection Plan, to Be Consistent with Terminology of New Regulations.Without Encl ML20198J0501998-12-21021 December 1998 Submits Notice of Withdrawal from Proceeding of Castle Rock Land & Livestock,Lc & Skull Valley Co,Ltd.Requests That Board Promptly Accept & Approve Notice of Withdrawal ML20196B2751998-11-24024 November 1998 Submits Rept on Status of Informal Discovery Re Private Fuel Storage,Iaw Board 981029 Order.Parties Have Initiated Informal Interview Process ML20196B1851998-11-23023 November 1998 Requests on Behalf of Castle Rock That State of Utah Take Over as Lead Party on Consolidated Contentions AA & 13 ML20155J1041998-11-0909 November 1998 Ack Receipt of Requesting Broad Range of Info from NRC Staff Re Safety Record & Funding of Commerical Nuclear Power Reactor & Other Fuel Storage Proposal Pending Before Commission.Related Correspondence ML20155A3981998-10-23023 October 1998 Files Joint Rept on Status of Informal Discovery IAW Board Memorandum & Order of 981001 ML20154H2501998-10-0505 October 1998 Forwards M Resnikoff Original Declaration,Which Had Not Been Available at Time of Filing of State of UT Contentions Relating to Low Pail Transportation License Amend, ML20154B8741998-10-0101 October 1998 Forwards Pleading, Correction to State of UT Contentions Re Low Rail Transportation License Amend, That Was Not Mailed on 980930,as Stated on Certificate of Svc,Due to Miscommunication ML20237F0541998-08-28028 August 1998 Informs That,In Response to Board 980820 Order Re Proposed Telcon Scheduled for 981001 or 02,no Attorneys for Utah Attorney General Ofc Will Be Available Due to Ofc Mandatory Cle Training/Retreat to Be Held.W/Certificate of Svc ML20237C2321998-08-19019 August 1998 Second Final Response to FOIA Request for Documents.Records Subj to Request Encl & Being Made Available for Public Insp ML20237B5521998-08-14014 August 1998 Files Joint Rept on Status of Informal Discovery in Accordance W/Board 980629 Memorandum & Order (General Schedule for Proceeding & Associated Guidance).W/Certificate of Svc ML20236X4821998-08-0303 August 1998 Partial Response to FOIA Request for Documents.App a Records Encl & Available in Pdr.App B Records Partially Withheld (Ref FOIA Exemption 4).App C Records Completely Withheld (Ref FOIA Exemption 5) ML20236W1691998-07-30030 July 1998 Forwards One of Two Originals of Holtec/Deq Confidentiality Agreement,Rev 1,signed by Dr Nielson,Executive Director of UT Dept of Environ Quality.Related Correspondence ML20236R4911998-07-17017 July 1998 Discusses Informal Discovery Re Private Fuel Storage.Copies of All Listed Documents in Possession,Custody or Control of Private Fuel Storage Requested to Be Reviewed.Related Correspondence ML20236S8841998-07-15015 July 1998 Informs That Licensee Anticipates Submitting Revised License Application Documents by 980828 in Response to 980707 Info Request.Amend Will Include Info for New Corridor for Rail Option as Well as Change in Location for Heavy Haul Option ML20236M5741998-07-0909 July 1998 Responds to Concerning Pfs Transmittal of NRC Licensing Documents to State.Records Indicate That License Amend Was Sent by Us Mail to Dr Nielson on 980522. W/Certificate of Svc.Related Correspondence ML20236M4911998-07-0606 July 1998 Informs That State Has Received Assurance from J Silberg, Informing That Licensee Willing to Enter Into Confidentiality Agreement W/State for Access to Proprietary Info.W/Certificate of Svc.Related Correspondence 1999-09-09
[Table view] Category:OUTGOING CORRESPONDENCE
MONTHYEARML20212G0161999-09-24024 September 1999 Forwards Copy of That NRC Received from Jp Jp Kennedy Re L Bear Representation of Skull Valley Band of Goshute Indians in Connection with ISFSI Proposed to Be Constructed by Pfs Llc.Related Correspondence.Without Encl ML20216F3981999-09-20020 September 1999 Forwards List of Documents Responsive to State Second Discovery Request.Without Encl.Related Correspondence ML20196C4431999-06-21021 June 1999 Confirms 990621 Telcon Re NRC Response to State of Utah First Set of Discovery Requests Directed to NRC, .NRC Agreed That Staff Would Respond to Discovery Requests as Listed.Related Correspondence ML20155J1041998-11-0909 November 1998 Ack Receipt of Requesting Broad Range of Info from NRC Staff Re Safety Record & Funding of Commerical Nuclear Power Reactor & Other Fuel Storage Proposal Pending Before Commission.Related Correspondence ML20237C2321998-08-19019 August 1998 Second Final Response to FOIA Request for Documents.Records Subj to Request Encl & Being Made Available for Public Insp ML20236X4821998-08-0303 August 1998 Partial Response to FOIA Request for Documents.App a Records Encl & Available in Pdr.App B Records Partially Withheld (Ref FOIA Exemption 4).App C Records Completely Withheld (Ref FOIA Exemption 5) ML20202B8261998-01-29029 January 1998 Responds to Addressed to Chairman SA Jackson, Urging Support of Petitions of Several Parties That Have Sought to Intervene in Private Fuel Storage Proceeding, Currently Before Aslb.W/Certificate of Svc.Served on 980202 ML20199K5291997-11-13013 November 1997 Advises That Sinclair Should Be Instructed to Continue to Refrain from Disclosing Security Plan & Related Comments Until NRC Staff Gives Reply as to Whether Security Plan May Be Divulged ML20211H2071997-09-22022 September 1997 Expresses Appreciation for Postcard Sent to Chairman Jackson Re Private Fuel Storage,Llc.Correspondence Forwarded to NRC Staff for Appropriate Action.W/Certificate of Svc. Served on 970922 ML20216G2691997-09-0202 September 1997 Responds to Re Requests from Executive Director of Utah Dept of Environ Quality for Action Under 10CFR2.206. Staff 970806 & 0811 Responses to Requests Encl ML20216G2901997-08-11011 August 1997 Responds to to SA Jackson Re Staff Decision to Docket Application from Private Fuel Storage,Limited Liability Co.Regrets That Response to 10CFR2.206 Requests Did Not Precede Notice of Docketing ML20216G2851997-08-0606 August 1997 Responds to 970627 & 0721 Requests That NRC Take Action,Per 10CFR2.206.NRC Completed Acceptance Review of Private Fuel Storage Application & Finds Acceptable for Docketing 1999-09-24
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2 p- % UNITED STATES
, s* f} NUCLEAR REGULATORY COMMISSION wAssiwotow, o.c. somewoot
\ e. . . + /g August 11, 1997 Dr. Olane R. Nielson, Executive Director Utah De>artment of Environmental Quality 16 Nortl 1950 West Salt Lake City, LIT 84116 -
SUBJECT:
RESPONSE TO YOUR JULY 23, 1997 LETTER TO CHAIRMAN JACKSON
Dear Dr. Nielson:
I am responding to your July 23. 1997, letter to Shirley Ann Jackson, Chairman of the Nuclear Regulatory Comission, regarding the NRC staff's decision to docket an application from Private Fuel Storage. Limited Liability Company (PFS), for a license to construct and operate an Independent Spent fuel Storage Installation on the reservation of the Skull Valley Band of Goshute Indians, a federally recognized Indian Tribe. Your letter expresses frustration that the PFS application was docketed despite your >ending requests, under 10 CFR 2.206 of the Comission's regulations, tlat the application be returned to PFS due to what you perceive to be its inadequacies. Your letter also expresses a concern that members of the public will not have timely access to the application and thus will not be able to evaluate whether to petition to intervene in the licensing 3roceeding because a local public document room (LPDR) will not have been esta)11shed during the time allowed for intervention.
I regret that the response to your 2.206 requests did not precede the notice of docketing of the application, leaving you with the impression your requests had been ignored. By now, you should have received the letter of August 6.
1997, from the Acting Director of the Spent Fuel Project Office explaining that, while your concerns will be considered by the staff during its licensing review of the application, a 2.206 petition is designed to handle enforcement requests and is not an appropriate procedure for objecting to a license application. Rather, the process afforded States and members of the public for contesting the adequacy of a license application is a request for hearing and yetition to intervene in the licensing proceeding in accordance with 10 C R 2.714 of the Comission's regulations. This process is fully explained in the
- Notice of Consideration of Issuance of a Materials License for the Storage of Spent Fuel and Notice of Opportunity for Hearing" which was published in the Eederal Reaister on July 31, 1997. A copy is enclosed. The notice provides a 45 day period for the submission of intervention petitions, With respect to your concerns about the establishment of an LPDR and the availability of the'PFS application, as noted by Connie Nakahara of the Utah Office of H1 h level Nuclear Waste Storage Opposition in the July 19, 1997, edition of. Salt Late Tribune (Ihe Icibung). LPDRs are generally only established or reactor licensing cases. The staff's decision to make an LPDR available for the PFS licensing proceeding is part of HRC's commitment to ensure that interested members of the public will have access to relevant information.
4 W9%?k ?M**
CORRESPONDENCE PDR &
Li
Dr. C. R. Nielson The fact that the LPOR is not yet established does not mean that the PFS l
. application is unavailable to members of the public likely to be concerned.
As you know, copies of the application have been distributed both to Governor Leavitt and to you, in addition, copies were provided to the Tooele County, 1 Utah Comissioners and Sheriff's Office and to the Skull Valley Band of Goshute Indians. If members of the public are not able to obtain a copy from one of these sources, it is available at the Commission's Public Document Room (POR). 2120 L Street NW, Washington. DC 20555. The POR will mail copies of documents for a fee in paper or microfiche form. Additionally, my staff has ,
arranged for PFS to provide a copy of the a> plication to the Tooele County Library and to the Harriott Library at the Jniversity of Utah in order to make it more readily available to the public until the LPDR is operational.
If you desire further information, please feel free to contact Mr. Mark Delligatti of my staff. Mr. Delligatti is the Senior Project Manager assigned to the PF3 application. He can be reached at 301 415 8518.
Sincerely.
~ ff'ub Carl J. 'aaeriollo. Director Office of luclear haterial Safety and Safeguards Docket 72 22
Enclosure:
As stated cc: Chief Leon Bear. Skull Valley Band of Goshute Indians John D. Parkyn. Private fuel Storage
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i 7590 01 U.S. NUCLEAR REGULATORY COMMISSION l DOCKET NO. 72 22 l
PRIVATE FUEL STORAGE. LlHITED LIABILITY COMPANY i
NOTICE OF CONSIDERATION OF ISSUANCE OF A MATERIALS LICENSE FOR THE STORAGE OF SPENT FUEL AND NOTICE OF OPPORTUNITY FOR A HrARING
(
The Nuclear Regulatory Comission is considering an application dated June 20, 1997, for a materials license, under the provisions of 10 CFR Part :
- 72, from Private fuel Storage. Limited Liability Company (the applicant or L PFS) to possess spent fuel and other radioactive materials associated with l 4
spent fuel storage in an independent spent fuel storage installation (ISFSI) ;
- located on the Skull Valley Goshute Indian Reservation in Skull Valley Utah. l If granted, the license will authorize the applicant to store spent fuel in i dry storage cask systems at the ISFSI which the applicant proposes to i
! construct and-operate on the Skull Valley Goshute Indian Reservation, ,
, Pursuant to the provisions of 10 CFR Part 72, the term of the license for the ISFS1 would be twenty (20) years. .
Prior to issuance of the requested license, the NRC will have made the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the NRC's rules and regulations. The issuance of the materials license will not be approved until the NRC has reviewed the application and has concluded that approval of the license will not be inimical to the comon-defense and security and will not constitute an unreasonable risk to public health and safety. .The NRC. in accordance with 10 CFR Part 51,20(b)(9), will complete an environmental impact statement, This action will be the subject of a' l
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subsequent notice in the FEDERAL REGISTER. Pursuant to 10 CFR 2.105, by ;
September 15,1997, the applicant may file a request for a hearing; and any person whose interest may be affected by this proceeding and who wishes to J
participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene with respect to the subject i i materials license in accordance with the provisions of 10 CFR 2.714. If a request for hearing or petition for leave.to intervene is filed by the above date, an Atomic Safety and 1.icensing Board designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board Panel will rule on the
< request and/or petition, and the Secretary or the designated Atomic Safety and Licensing Board will issue a notice of hearing or an appropriate order. In ,
the event that no request for hearing or petition for leave to intervene is j filed by the above date, the NRC may, upon satisfactory completion of all required evaluations, issue the materials license without further prior ;
, notice.
A petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding and how that ir. trest may be affected by the results of the proceeding. The petition,should specifMally explain the reasons why intervention should be permitted with particular
-reference-to the following factors: (1) the nature of the petitioner's right under the Act to be made a party to the proceeding: (2) the nature and extent of-the petitioner's property, financial, or other interest in the proceeding:
and (3) the possible effect of any order that may be entered in the proceeding on the petitioner's interest. The petition should also identify the specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene; Any person who has filed a petition for leave to o
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3 intervene or who has been admitted as a party may amend a petition, without requesting leave of the Board, up to 15 days prior to the holding of the first pre hearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.
Not later than fifteen (15) days prior to the first pre heoring conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list of contentions whia.h are sought to be litigated in the matter. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted.
In addition, the petitioner shall provide a brief explanation of the bases of the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. Petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions she'l be limited to matters within the scope of the action under consideration. The contention must be one which. if proven, would entitle the petitioner to relief. A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene. and have the opportunity to participate fully in the conduct of the hearing.
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4 A request for a hearing or a petition for leave to intervene must be {
filed with the Secretary of the Comission, U.S. Nuclear Regulatory ;
Comission, Washington, DC 20555, Attention: Docketing and Services Branch, or may be delivered to the Commission's Public Document Room. Gelman Building, 2120 L Street, NW, Washington, DC, by the above date, Where petitions are filed during the last ten (10) days of the notice period, it is requested that :
the petitioner promptly so inform the NRC by a toll-free telephone call to ,
Western Union at 1-(800) 248 5100 (in Missouri 1.(800) 342-6700). The Western Union operator should be given Datagram Identification Number N1023 and the following message addressed to Mr. William F. Kane, Director, Spent Fuel Project Office. Office of Nuclear Material Safety and Safeguards: petitioner's name and telephone number; date petition was mailed; facility name: and publication date and page number of this FEDERAL REGISTER notice. A copy of the petition should also be sent to the Office of the General Counsel, U.S.
Nuclear Regulatory Comission, Washington, DC 20555, and to Mr. Jay Silberg, P.C., Shaw, Pittman, Potts, & Trowbridge, 2300 N Street, NW, Washington, DC 20037 8007.
Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions, and/or requests for hearing will not be entertained absent a determination by the Comission, the presiding officer, or the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petition and/or request should be granted based upon a balancing of the factors specified-in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).
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- S for further details with respect to this action, see the application dated June 20. 1997, which is available for public inspection at the Comission's Public Document Room, 2120 L Street, NW, Washington DC 20555.
The Comission's license and safety evaluation report, when issued, may be inspected at the above location.
Dated at Rockville. Maryland, this bTday of July 1997.
FOR THE U.S. NUCLEAR REGULATORY COMMISSION ,
William F. Kane. Director Spent fuel Project Office Office of Nuclear Material Safety and Safeguards f
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