ML20198L154
| ML20198L154 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 10/13/1997 |
| From: | Later M AFFILIATION NOT ASSIGNED |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#497-18568 ISFSI, NUDOCS 9710240259 | |
| Download: ML20198L154 (5) | |
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isw DOCKETED USNRC UNITEP; STATES OF AMERICA W OCT 14 P3:25 NUCLEAR REGUI ATORY COMMISSION OFliCE OF SFCEiAfi(
)
RULatW!NGS M O in the Matter of:
)
ADJUDG,;CNS Mr F
)
Private Fuel Storage, L.L.C.,
)
(Independent Spent Fuel Storage
)
Docket No. 72-22 Installation)
)
)
RESPONSE TO THE STATE OF UTAH'S MOTION FOR EXTENSION OF TIME TO FILE CONTENTIONS AND MOTION TO SUSPEND LICENSING PROCEEDING PENDING ESTABLISHMENT OF A LOCAL PUBLIC DOCUMENT ROOM Petitioners Castle Rock Land and Livestock, L.C., Skull Valley Company, Ltd.,
and Ensign Ranches of Utah, L.C., (collectively ' Petitioners") hereby join with and support the motions by the State of Utah to extend the time to file contentions and to suspend these licensing proceedings pending the establishment of a local document room.
The Petitioner own over 67,000 acres of land in the area immediately surrounding the proposed nuclear waste storage facility (the " Waste Facility"), including a farm located 2000 feet from its boundaries. The construction and operation of the proposed Waste Facility will have a profound negative impact on Petitioners' current and prospective business operations in the Skull Valley; nevertheless, Petitioners did not receive details regarding the proposed facility until they independently secured a copy of the incomplete application materials a few weeks prior to the filing of their petition to intervene.
An extension of time for filing of contentions and suspension of the proceedings to permit establishment of a public document room is essential to enable Petitioners to 9710240259 971013 l)}
{DR ADOCK 072000 2
e protect their interests, and those of similarly situated private landowners. As a private ranching operation, Petitioners have very limited resources available to them; moreover, because of the failure of PFS to consult with or notify etitioners regarding their plan, Petitioners have had very little advance notice and time to prepare for these proceedings.
If the motions are not granted, Petitioners resources will be severely strained to evaluate the issues posed by PFS's lengthy license application in only a fe w weeks and with limited or no access to essential documents. Indeed, in light of PFS's failure to even notify neighboring private landowners of its plan to construct a potentially dangerous proposed waste facility--the likely location of which PFS has known for years--Petitioners are disappointed that PFS is stridently opposing the State of Utah's motions.
The Nuclear Regulatory Commission ("NRC") staff has indicated that, at a minimum, it will take the NRC several years to evaluate PFS's license application for the Waste Facility. The filing of contentions is an acutely important first step in the liceiising process because it establishes a general framework that guides ar.d limits the extensive discovery, motions, research, and decisions that are to follow. In order to ensure that the contentions filed by intervening parties adequately and accurately reflect the issues at stake, it is in the interest of all parties, including PFS, for each party to have adequate time to research, evaluate, and frame its contentions.
Petitioners believe that the State of Utah's notions are well founded will not result in any significant delay in the licensing proceedings, and will allow Petitioners and other parties to participate in the licensing process -n a more meaningful fashion and on a more nearly level playing field. Petitioners, therefore, urge the licensing board to c:...eiensign/responwxa1 bu 2
grant the State of Utah's motions to suspend the licensing proceeding until a local public document room has been established and is fully operational or to extend for a period of 45 days the time required for interveaors to file contentions in this matter,
/ I e'day of October,1997.
Dated this Respectfully submitted, Michael M. Later, USil'#3728 KIMDALL, PARR, WADDOUPS, IIROWN & GEE Attorneys for Petitioners 185 S. State Street, Suite 1300 P.O. Box 11019 Salt Lake City, UT 84147-0019 Telephone: (801) 532 7840 Facsimile: (801) 532-7750 E Mail: karenj@kimballparr.com
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9 00CKEiEO USHRC CruiEcate of hiailing i hereby certify that I caused to be sent by E hfail and Federal Express overEghk6 service a copy of the foregoing RESPONSE TO TllE STATE OF UTAll'S h10 TION FOR EXTENSION OF Tih1E TO FILE CONTENTIONS AND h10 TION QF$tJsJ![itf6WIM LICENSING PROCEEDING PENDING ESTABLISHb1ENT OF A log UgilM fih7 g
DOCUh1ENT ROOh! the following:
Attn: Docketing & Services Branch Dr. Jerry R. Kline Secretary of the Commission Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board hiaii Stop: 016G15 U.S. Nuclear Regulatory Commission 11555 Rockville Pike One White Filnt North Washington, D.C. 20555 Rockville, MD 20852-2738 E htail: jrk2Cnrc. gov (original and two copies Fed. Er. emly)
G. Paul Bollwerk, Ill, Chairman Dr. Peter S. Lam Administrative Judge Administrative judge Atomic Safety and IJeensing Board Atomic Safety and Licenring Board U.S. Nuclear Regulatory Commissien U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washmgton, D.C. 20555 E htail: gpb@nrc. gov E-htail: psl@nrc. gov Office of the Secretary ATfN: Rulemakings and Adjudications Staff U. S. Nuclear Regulatory Commission Washington, DC 20555 (Federal Etpress only) and also certify that I caused to be sent by facsimile and regular mail, first class postage prepaid, a copy of the foregoing to the following:
Sherwin E. Turk, Esq.
Jean Belille, Esq.
Catherine L. h1 arco, Esq.
Land and Water Fund of the Rockies Office of General Counsel 2260 Baseline Road, Suite 200 U.S. Nuclear Regulatory Commission Boulder, Colorado 80302 hiail Stop: 0-15 B18 Fax: (303) 444-1188 Washington, D.C. 20555 Fax: (301) 415 3*i25 Danny Quintana, Esq.
Danny Quintana & Associates, P.C.
Jay E. Silberg, Esq.
50 West Broadway, Fourth Floor Shaw, Pittman, Potts & Trowbridge Salt Lake City, UT 84101 2300 N Street N.W.
Fax: (801) 363 772r Washington. D.C. 20037-8007 Fax: (202) 663 8007 o,. eien,ign'tceper ca2 to 4
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._.-.____m_._________.-
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James M, Cutchin Denise Chancellor i
Atomic Safety and Licensing Board Panel Assistant Attorney General U. S. Nuclear Regulatory Commission Utah Attorney General's Of5cc Washington, D.C. 20555-0001 P. O.11ox 140873 E Mall: jmc3@nrc. gov Salt lake City, UT 84114 0873 (clectmn/c copy only)
Fax: (801) 366-0292/0293 John Paul Kennedy, Sr..' Esq.
Connie Nakahara, Esq.
1385 Yale Avenue Utah Dept. of Environmental Quality Salt lake City, UT 84105 168 North 1950 West Fax: (801) 581 1007 P. O. Box 144810 i
Salt Lake City, UT 84114 4810 l
m Diane Curran, Esq..
Fax: (801) i Harmon, Curran & Spielberg
}
, 2001 "S" Street, N.W., Suite 430 Washington, D.C. 20009 Fax: (202) 328.6918 l
Dated this 13th day of October,1997, f
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M DeAnn Thompson l
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