ML20210D890

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

ML20210D890
Person / Time
Site:	07200022
Issue date:	07/27/1999
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	UTAH, STATE OF
References
CON-#399-20685 97-732-02-ISFSI, ISFSI, NUDOCS 9907280059
Download: ML20210D890 (5)

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UNITED STATES OF AMERICA DOCKETFD NUCLEAR REGULATORY COMMISSION USHRf:

ATOMIC SAFETY AND LICENSING BOARD 99 1127 P1 :44 Before Administrative Judges:

Om G. Paul Bollwerk, III, Chairman a Dr. Jerry R. Kline AD)

Dr. Peter S. Lam SERVED Jut 27 ;999 In the Matter of Docket No. 72-22-ISFSI PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI {

(Independent Spent Fuel July 27, 1999 Storage Installation)

ORDER (Granting Filing Extension Motions and Setting Schedule for Responses to Request for Admission of Late-filed Contention)

Upon consideration of (1) the July 20, 1999 unopposed motion of intervenor State of Utah (State) for an extension of time to file a reply to the NRC staff's July 22, 1999 response in support of the June 7, 1999 motion of applicant Private Fuel Storage (PFS) for partial summary disposition of contention Utah K/ Confederated Tribes B, to address a PFS June 30, 1999 supplemental submission, and to defer any State motion response and discovery against the staff regarding that portion of the contention concerning credible accidents involving military aircraft (other than accident risks that may be posed by " hung bombs" or malfunctioning ordnance) until after the staff is able to take a position regarding military aircraft impacts; (2) the July 22, 1999 9907290059 990727 PDR ADOCK 07200022 l C PDR j

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unopposed State motion for an extension of time to respond to the July 20, 1999 PFS motion to compel answers to interrogatories regarding contention Utah 0; and (3) the State's July 22, 1999 request for admission of late-filed amended contention Utah Q, it is ORDERED, that the July i', 1999 State motion for extension of time in connection with the pending PFS partial summary disposition motion regarding contention Utah )

K/ Confederated Tribes B is aranted in that (1) the State l

shall have up to and including Wednesday, Auaust 4, 1999, I within which it file its reply to the staff's July 22, 1999 response in support of the PFS partial summary disposition motion and to address the PFS June 30, 1999 supplemental information; and (2) any State response to the PFS motion and discovery against the staff on that portion of the contention concerning credible accidents involving military  !

I aircraft (other than accident risks that may be posed by l

" hung bombs" or malfunctioning ordnance) is deferred until after the staff has taken a position regarding military l l

aircraft impacts; and it is FURTHER ORDERED, that the State's July 22, 1999 motion for extension of time to respond to the pending PFS motion j to compel answers to interrogatories regarding contention Utah O is aranted in that the State's response to the motion j l

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to compel , hall be filed on or before Fridav, July 30, 1999; and it is FURTHER ORDERED, that responses to the State's July 22, 1999 request for admission of late-filed amended contention Utah Q shall be filed on or before Fridav, Auaust 6, 1999.

FOR THE ATOMIC SAFETY AND LICENSING BOARD *

. A Ni i G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland July 27, 1999 l

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• Copies of this order were sent this date by Internet l e-mail transmission to counsel for (1) applicant PFS; (2) l intervenors Skull Valley Band of Goshute Indians, Ohngo l Gaudadeh Devia, Confederated Tribes of the Goshute Reservation, Southern Utah Wilderness Alliance, and the l State; and (3) the staff.

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l UNITED STATES OF AMERICA 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 ORDER-GRANT'G FIL'G EXT M0T have been served upon the following persons by U.S. mail, first class, except l as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Comission Appellate G. Paul Bo11werk, III, Chairman i Adjudication Atomic Safety and Licensing Board Panel l U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline Peter S. Lam l Atomic Safety and Licensing Board Panel Atomic Safety and Licansing 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 Sherwin E. Turk, Esq.

Catherine L. Marco, Esq. Diane Curran, Esq.

Office of the General Counsel Harmon, Curran, Spielberg Mail Stop 15 B18 & Eisenberg, L.L.P.

U.S. Nuclear Regulatory Commission 1726 M Street, NW, Suite 600 Washington, DC 20555 Washington, DC 20036 Martin S. Kaufman, Esq. Joro Walker, Esq.

Atlantic Legal Foundation Land and Water Fund of the Rockies 205 E. 42ad St. 2056 East 3300 South, Suite 1 New York, NY 10017 Salt Lake City, UT 84109

Docket No.(s)72-22-ISFSI LB ORDER-GRANT'G FIL'G EXT M0T Denise Chancellor, Esq.

Assistant Attorney General Daniel G. Moquin, Esq.

Utah Attorney General's Office Utah Attorney General's Office 160 East 300 South, 5th Floor 1594 West North Temple, Suite 300 P.O. Box 140873 Salt Lake City, UT 84114 Salt Lake City, UT 84114 Jay E. Silberg, Esq. John Paul Kennedy, Esq.

Shaw, Pittman, Potts & Trowbridge Confederated Tribes of the Goshute 2300 N Street, NW Reservation and David Pete Washington, DC 20037 1385 Yale Avenue Salt Lake City, UT 84105 Richard E. Condit, Esq. Danny Quintana, Esq.

Land and Water Fund of the Rockies Skull Valley Band of Goshute Indians 2260 Baseline Road, Suite 200 Danny Quintana & Assocs., P.C.

Boulder, CO 80302 68 South Main Street, suite 600 Salt Lake City, UT 84101 i

Richard Wilson Department of Physics Harvard University l Cambridge, MA 02138 4

Dated at Rockville, Md. this 27 day of July 1999 Office of the Secretgry of the% ommission