[Federal Register Volume 65, Number 114 (Tuesday, June 13, 2000)]
[Notices]
[Pages 37184-37186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14887]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-22-ISFSI; ASLBP No. 97-732-02-ISFSI]


Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage 
Installation); Notice (Revised Notice of Hearing and of Opportunity To 
Make Oral or Written Limited Appearance Statements)

June 7, 2000.
    The Atomic Safety and Licensing Board hereby provides a revised 
notice that it will convene an evidentiary hearing to receive testimony 
and exhibits and allow the cross-examination of witnesses relating to 
certain matters at issue in this proceeding regarding the June 1997 
application of Private Fuel Storage, L.L.C., (PFS) for a license under 
10 CFR Part 72 to construct and operate an independent spent fuel 
storage installation (ISFSI) on the reservation of the Skull Valley 
Band of Goshute Indians (Skull Valley Band) in Skull Valley, Utah. In 
addition, the Board gives notice that, in accordance with 10 CFR 
2.715(a), it will entertain oral limited appearance statements from 
members of the public in connection with this proceeding.

A. Revised Information Regarding Location of Evidentiary Hearing

    As previously noted in its April 19, 2000 notice (65 FR 24,230 
(Apr. 25, 2000)), the Board will conduct an evidentiary hearing on 
certain issues relating to this proceeding, currently scheduled to 
include contentions Utah

[[Page 37185]]

E/Confederated Tribes F, Financial Assurance; Utah H, Inadequate 
Thermal Design; \1\ Utah R, Emergency Plan; and Utah S, 
Decommissioning, beginning at 9:30 a.m., on Monday, June 19, 2000. 
Although the physical location of the hearings remains the same as 
previously announced--Wasatch Room, Mezzanine Level, 150 West 500 
South, Salt Lake City, Utah--the Board has been advised, and the public 
is hereby notified, that this location is now operated as the Sheraton 
City Centre Hotel Salt Lake City. With the exception of those days in 
which the Board is hearing oral limited appearance statements in 
accordance with section B below or otherwise adjourns the hearing to 
accommodate scheduling or other administrative purposes, the hearing on 
these issues shall continue from day-to-day until concluded.
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    \1\ This date, the Board received notice by e-mail transmission 
from counsel for intervenor State of Utah (State) that the State has 
decided not to pursue litigation of the contention and will be 
filing a notice of withdrawal of the contention shortly. Assuming 
this comes to pass, this issue would not be litigated during this 
evidentiary hearing.
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    The public is further advised that, in accordance with 10 CFR 
2.790(b)(6), all or part of the sessions regarding contentions Utah H, 
Utah E/Confederated Tribes F, and Utah S may be closed to the public 
because the matters at issue may involve the discussion of confidential 
proprietary information.

B. Revised Information Regarding Oral Limited Appearance Statement 
Sessions

    In its April 19, 2000 notice, the Board provided a proposed 
schedule for conducting oral limited appearance statement sessions and 
urged those members of the public who were interested in making oral 
limited appearances to preregister by May 31, 2000. Based on the 
interest shown in those preregistrations, the Board has decided to 
postpone the sessions previously scheduled for June 30 and July 1 at 
Tooele, Utah, to a later date. The Board anticipates that during the 
course of this proceeding it will be in Utah for additional evidentiary 
or other proceedings and intends to reschedule the oral limited 
appearance statements in the Tooele area for that time.
    Accordingly, the Board revises its April 19, 2000 notice to advise 
the public that the Board will entertain oral limited appearance 
statements at the times and locations specified below:
    1. Date: Friday, June 23, 2000.
    Times:

    Afternoon Session--1 p.m. to 4 p.m. Mountain Daylight Time (MDT)
    Evening Session--7 p.m. to 9:30 p.m. MDT
    Location: Sheraton City Centre Hotel Salt Lake City (Note name 
change), Wasatch Room--Mezzanine Level, 150 West 500 South, Salt Lake 
City, Utah.
    2. Date: Saturday, June 24, 2000.
    Times: Afternoon Session--1 p.m. to 4 p.m. MDT.
    Location: Same as Session 1 above.

C. Participation Guidelines for Oral Limited Appearance Statements

    Any person not a party to, or seeking party status in, the 
proceeding will be permitted to make an oral statement setting forth 
his or her position on matters of concern relating to this proceeding. 
Although these statements do not constitute testimony or evidence, they 
nonetheless may help the Board and/or the parties in their 
deliberations in connection with the issues to be considered in this 
proceeding.
    Oral limited appearance statements will be entertained during the 
hours specified above, or such lesser time as may be necessary to 
accommodate the speakers who are present. If, however, all scheduled 
and unscheduled speakers present at a session have made a presentation, 
the Licensing Board reserves the right to terminate the session before 
the ending times listed in section B above.
    The time allotted for each statement normally will be no more than 
five minutes, but may be further limited depending on the number of 
written requests to make an oral statement that are submitted in 
accordance with section D below and/or the number of persons present at 
the designated times.

D. Submitting a Request To Make an Oral Limited Appearance 
Statement

    Persons wishing to make an oral statement who have submitted a 
timely written request to do so will be given priority over those who 
have not filed such a request. The Board will continue to accept 
written requests to make an oral statement, which must be mailed, 
faxed, or sent by e-mail so as to be received by close of business 
(4:30 p.m. EDT) on Monday, June 19, 2000. The request must specify the 
date--June 23 or June 24--and, for the June 23 session, the time on 
that day--afternoon or evening--during which the requester wishes to 
make an oral statement. Thereafter, all oral statement requests will be 
handled by registration on-location at the limited appearance sessions, 
on a first-come, first-served basis as the scheduled time allows. And 
in this regard, the Board notes that requests by the same individual to 
make an oral statement at more than one of the sessions will be 
entertained at subsequent sessions after the Board has heard from those 
individuals who have not yet provided the Board with an oral statement.
    Written requests to make an oral statement should be submitted to:

Mail: Office of the Secretary, Rulemakings and Adjudications Staff, 
U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001
Fax: (301) 415-1101 (verification (301) 415-1966)
E-mail: [email protected]

    In addition, using the same method of service, a copy of the 
written request to make an oral statement should be sent to the 
Chairman of this Licensing Board as follows:

Mail: Administrative Judge G. Paul Bollwerk, III, Atomic Safety and 
Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory 
Commission, Washington, D.C. 20555-0001
Fax: (301) 415-5599 (verification (301) 415-7550)
E-mail: [email protected]

E. Submitting Written Limited Appearance Statements and 
Availability of Documentary Materials

    As the Board has noted previously, a written limited appearance 
statement can be submitted at any time. Such statements should be sent 
to the Office of the Secretary using the methods prescribed above, with 
a copy to the Licensing Board Chairman.
    Documents relating to the PFS license application at issue in this 
proceeding currently are on file at the Commission's Public Document 
Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C. 20003-
1527, and at the University of Utah, Marriott Library, Documents 
Division, 295 S. 1500 East, Salt Lake City, Utah 84112-0860. 
Additionally, documents submitted in this proceeding after November 1, 
1999, are available electronically through the Agencywide Documents 
Access and Management System (ADAMS), with access to the public through 
the NRC's Internet Web site Public Electronic Reading Room Link at 
http://www.nrc.gov./NRC/ADAMS/index.html>.

    For the Atomic Safety and Licensing Board.\2\
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    \2\ Copies of this notice were sent this date by Internet e-mail 
transmission to counsel for (1) applicant PFS; (2) intervenors Skull 
Valley Band, Ohngo Gaudadeh Devia, Confederated Tribes of the 
Goshute Reservation, Southern Utah Wilderness Alliance, and the 
State; (3) petitioner William D. Peterson; and (4) the NRC staff.

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[[Page 37186]]

    Dated: Rockville, Maryland, June 7, 2000.
G. Paul Bollwerk, III,
Administrative Judge.
[FR Doc. 00-14887 Filed 6-12-00; 8:45 am]
BILLING CODE 7590-01-P