ML20210L085

NRC Staff Unopposed Motion for Extension of Time to Respond to State of UT Second Set of Discovery Requests Directed to NRC Staff.* Staff Requests Time Extension to Respond to Utah Discovery Requests.With Certificate of Svc

ML20210L085
Person / Time
Site:	07200022
Issue date:	08/04/1999
From:	Marco C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#399-20711 ISFSI, NUDOCS 9908090033
Download: ML20210L085 (4)

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-h eb30 August'4,1999 UNITED STATES OF AMERICA W py; -5 Am "c7 NUCLEAR REGULATORY COMMISSION D:

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD .

Al e In the Matter of )

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

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Undependent Spent )

Fuel Storage Installation) )

NRC STAFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO " STATE OF UTAH'S SECOND SET OF DISCOVERY REOUESTS DIRECTED TO THE NRC STAFF" Pursuant to 10 C.F.R. I 2.730, the staff of the Nuclear Regulatory Commission (Staff) hereby requests that the Atomic Safety and I.icensing Board (Board) grant the Staff an extension of time until August 20,1999, to respond to the " State of Utah's Second Set of Discovery Requests Directed to the NRC Staff" (Second Discovery Request), filed July 30,1999, pertaining to the Staff's position on Utah Contention K. h support of this request, the Staff states as follows.

1. The State's Second Discovery Request includes 38 requests for admission, as well as several interrogatories (seeking detailed information as to the bases for the Staff's responses to the requests for admission) and document requests related to the Staff's position on Utah Contention K (credible offsite hazards). Under the schedule established for filing discovery responses in this proceeding, the Staff's response to the State's Second Discovery Request is due to be filed within 10 days after that request was filed,i.e., by August 9,1999.

2. The preparation of a response to the State's Second Discovery Request will require considerable effort during the limited time available to respond under the current schedule. At the 9908090033 ciG304 ADOCK 0720 2

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same time, the Staff's consultant whose assistance is required in preparing that response is required l

to be involved in preparing a draft of the Staffs Safety Evaluation Report (SER). In order to assist in preparing a response to the State's Second Discovery Request, the Staff's consultant would be required to set aside his work on the draft SER, which would necessarily affect the Staff's review schedule and the timely issuance of the SER. The Staff's consultant, however, should be available to assist in the preparation of the Staff's response to the State's Second Discovery Request during the week of August 16,1999, such that the Staff expects to be able to file its response to that Request 1

on or before August 20,1999.

3. Counsel for the State and Counsel for the Applicant have advised the Staff that they do not oppose this request for an extension of time. Licensing Board approval of this request is required, however, because the Staff's request would result in the filing of the Staff's response one week beyond the date (August 13,1999) that discovery is scheduled to end against the Staff. The Staff notes, however, that the Staff's request will not cause any other date in the Board's schedule to be extended, and, thus, will not cause delay to the proceeding.

CONCLUSION For the reasons set forth above, the Staff respectfully requests that its request for an extension of time to respond to the State's Second Discovery Request be granted.

Respectfully submitted, 0Wh) *5 W Catherine L. Marco Counsel for NRC Staff Dated at Rockville, Maryland i this 4* day of August 1999 l

8 e UNITED STATES OF AMERICA 00CKETED {

NUCLEAR REGULATORY COMMISSION USH'iC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'99 AUG -5 A10 :57 In the Matter of )

) Or < 4 PPJVATE FUEL STORAGE L.L.C. ) SI-

)

Docket No. 72-22-ISfE '

(Independent Spent ) i Ibel Storage Installation)' )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO ' STATE OF UTAH'S SECOND SET OF DISCOVERY REQUESTS DIRECTED TO THE NRC STAFF'" in the above captioned proceeding have been served on the following through deposit in the Nuclear Regulatory Commission's intemal mail system, or by deposit in the Nuclear Regulatory Commission's internal mail system, as indicated by an asterisk, with copies by electronic mail, or by deposit in the United States mail, first class, as indicated by double asterisk, with copies by electronic mail as indicated, this 4th day of August,1999.

G Paul Bollwerk, III, Chairman

• Atomic Safety and Licensing Board Administrative Judge Panel Atomic Safety and Licensing Board -

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington,DC 20555 Washington, DC 20555 (E-mail copy to GPB @NRC. GOV) Office of the Secretary

• ATTN: Rulemakings and Adjudications Dr. Jeny R. Kline* Staff Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Wcshington, DC 20555 U.S. Nuclear Regulatory Commission (E-mail copy to Washington, DC 20555 HEARINGDOCKET@NI(C. GOV)

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

Office of the Commission Appellate Dr. Peter S. Lam

• Adjudication '

Administrative Judge Mail Stop: 16-C-1 OWFN Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 (E-mail copy to PSL@NRC. GOV)

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James M. Cutchin, V* Danny Quintana, Esq."

' Atomic Safety and Licensing Board Danny Quintana & Associates, P.C. I U.S. Nuclear Regulatory Commission 68 South Main Street, Suite 600 Washington,DC 20555 SaltLakeCity UT 84101 (E-mail to JMC3@NRC. GOV) (E-mail copy to quintana .

@Xmission.com)

Jay E. Silberg, Esq."

Ernest Blake, Esq.

Paul A. Gaukler, Esq. Joro Walker, Esq."

SHAW, PflTMAN, POTTS & Land and Water Fund of the Rockies /  ;

..TROWBRIDGE 2056 East 3300 South, Suite 1

' 2300 N Street, N.W Salt Lake City, UT 84109 Washington, DC 20037-8007 (E-mail copy to (E-mail copy tojay_silberg, paul _gaukler, joro61@inconnect.com) and ernest _.blake

@shawpittman.com)

Denise Chancellor, Esq." John Paul Kennedy, Sr., Esq."

l Fred G. Nelson, Esq. 1385 Yale Ave.

i Utah Attomey General's Office Salt Lake City, UT 84105 160 East 300 South,5th Floor (E-mail copy tojohn@kennedys.org) l P.O. Box 140873 l - Salt Lake City, UT 84114-0873 Richard E. Condit, Esq."

(E-mail copy to dchancel@ State.UT.US) Land and Water Fund of the Rockies 2260 Baseline Road, Suite 200  ;

Connie Nakahara, Esq." Boulder, CO 80302 l Utah Dep't of Environmental Quality (E-mail copy to rcondit@lawfund.org) 168 North 1950 West P. O. Box 144810 Diane Curran, Esq."

Salt Lake City, UT 84114-4810 Harmon, Curran, Spielberg & Eisenberg 1 (E-mail copy to cnakahar@ state.UT.US) 1726 M Street, N.W., Suite 600

Washington, D.C. 20036 l (E-mail copy to dcuiran@harmoncurran.com) e &

Catherine L. Marco Counsel for NRC Staff

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