ML20205S076

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

ML20205S076
Person / Time
Site:	07200022
Issue date:	04/23/1999
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC), UTAH, STATE OF
References
CON-#299-20298 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9904260076
Download: ML20205S076 (5)

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UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION U3NEC ATOMIC SAFETY AND LICENSING BOARD gg pg 23 P3 :06 Before Administrative Judges:

OFR G. Paul Bollwerk, III, Chairman Abl-Dr. Jerry R. Kline ADJL>o -

,q, Dr. Peter S. Lam In the Matter of Docket No. 72-22-ISFSI PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel April 23, 1999 Storage Tr stallation)

RDER (Response Schedules) SERVED APR 2 31999 Upon consideration of the April 21, 1999 NRC staff l

letter to the Licensing Board regarding environmental impact  !

statement (EIS) scheduling; the April 21, 1999 motion for smnmary disposition regarding contention Utah C filed by i

applicant Private Fuel Storage (PFS); and the PFS April 22, 1999 motion to compel responses to interrogatories, it is ORDERED, that any party responses to the staff's April 21, 1999 letter shall be filed on or before Friday, April 30, 1999;l and it is 2

Relative to this scheduling matter, the Board requests that counsel for the parties consult in an effort to arrive at joint scheduling recommendations regarding the litigation of the EIS-related Group III contentions, including the limited discovery " window" endorsed by the Board in its March 29, 1999 memorandum and order. Seg Licensing Board Memorandum and Order (Granting Motion for (continued...)

9904260076 990423 PDR ADOCK 07200022 C PDR g go G"

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FURTHER ORDERED, that party responses supporting or opposing the April 21, 1999 PFS motion for summary disposition on contention Utah C shall be filed on or before Tuesday, May 11, 1999, and that a response by any party opposing the April 21, 1999 PFS motion to a response supporting the motion shall be filed on or before Fridav, May 21, 1999;2 and it is FURTHER ORDERED, that intervenor State of Utah's l

l (State) response to the PFS April 22, 1999 motion to compel shall be filed on or before Thursday, April 29, 1999.3

• (... continued)

Additional Limited Discovery on Group II and Group III Contentions) (Mar. 29, 1999) at 4 (unpublished).

2 Absent a further order from the Board relative to a l specific summary disposition motion, (1) a party response supporting or opposing any summary disposition motion shall be filed within 20 days of the date of service of the

- motion; and (2) an opposing party response to any supporting party response shall be filed within 10 days of the date of I service of the supporting response. See 10 C.F.R.

S 2.749(a). All party dispositive motion responses should j be served on the Board, the Office of the Secretary, and counsel for the other participants by facsimile transmission, e-mail, or other means that will ensure receipt'by midnight Eastern Time (ET) on the day of filing.

3 Absent a further order from the Board relative to a i

specific motion to compel, party responses to any motion to compel shall be filed within seven days of the date of service of the motion. In addition, the parties are reminded that, as is the case for discovery filings generally, motion to compel responses should be served on the Board, the Office of the Secretary, and counsel for the l other participants by facsimile transmission, e-mail, or l other means that will ensure receipt by midnight ET on the day of filing. See Licensing Board Memorandum and Order (General Schedule for Proceeding and Associated Guidance)

(continued...)

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The. filings permitted under'this order should be served on the Board, the Office-of the Secretary, and counsel for the other participant. by facsimile transmission, e-mail, or other means that will ensure receipt by midnight Eastern Time (ET) on the day of filing. See Licensing Board l

Memorandum and Order (Initial Prehearing Order) (Sept. 23, 1997) at 5-6 (unpublished); Licensing Board Memorandum and Order (Additional Guidance on Service Procedures) (Nov. 19, 1997) (unpublished); Licensing Board Memorandum and Order (Schedule for Telephone Conference and Directives Regarding l

Expedited Service) (Sept. 2, 1998) at 2-3 (unpublished).

l FOR THE ATOMIC SAFETY AND LICENSING BOARD'

- c-9 0 Ce G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland April 23, 1999 l

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' Copies of this order were sent this date by Internet e-mail transmission to. counsel for (1) applicant PFS; (2) intervenors Skull Valley Band of Goshute Indians, Ohngo Gaudadeh Devia, Confederated Tribes of the Goshute  !

Reservation, Southern Utah' Wilderness Alliance, and the i State; and (3) the staff.

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' 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI (Independent Nent Fuel Storage Installation) i CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (RESPONSE SCHEDULES) 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 Bo11 work, III, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-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 Sherwin E. Turk, Esq.

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

Office of the Ger.eral Counsel Harmon, Curran, Spielberg Mail Stop 15 BIG & 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 2J5 E. 42nd St. 165 South Main, Suite 1 New York, NY 10017 Salt Lake City, UT 84111

r Docket No.(s)72-22-ISFSI LB ORDER (RESPONSE SCHEDULES)

Denise Chancellor, Esq.

Assistant Attorney General Daniel G. Moquin, Esq.

Utah Attorney General's Office Utah Attorney General's Office i 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 l

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 l

Washington, DC 20037 1385 Yale Avenue i Salt Lake City, UT 84105 i

l Richard E. Condit, Esq. Danny Quintana, Esq.

! Land and Water Fund of the Rockies Skull Valley Band of Goshute Indians l

2260 Baseline Road, Suite 200 Danny Quintana & Assocs., P.C.

Boulder, CO 80302 50 West Broadway, Fourth Floor Salt Lake City, UT 84101 Richard Wilson-  !

Department of Physics l Harvard University l Cambridge, MA 02138 Dated at Rockville, Md. this 23 day of April 1999 .

Office of the Secretary of the Commist on

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