[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Pages 23476-23477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11404]



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

Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage 
Installation); Notice of Hearing

(License Application for Independent Spent Fuel Storage Installation)
April 24, 1998.

Atomic Safety and Licensing Board
    Before Administrative Judges: G. Paul Bollwerk, III, Chairman, 
Dr. Jerry R. Kline, and Dr. Peter S. Lam.

    On July 31, 1997, the Commission published in the Federal Register 
a notice indicating that it (1) was considering issuing a license 
pursuant to 10 CFR Part 72 authorizing applicant Private Fuel Storage, 
L.L.C. (PFS), to possess and store reactor spent fuel in an independent 
spent fuel storage installation (ISFSI) that PFS proposed to construct 
and operate on the Skull Valley Goshute Indian Reservation in Skull 
Valley, Utah; and (2) was offering an opportunity for a hearing on the 
proposed licensing action. (62 FR 41,099.) Four timely hearing 
petitions and/or intervention requests challenging the PFS application 
were filed by the State of Utah (State); Ohngo Gaudadeh Devia (OGD), a 
Native American group; Confederated Tribes of the Goshute Reservation 
(Confederated Tribes), a Native American tribe, and David Pete, the 
Confederated Tribes chairman; and three ranching, farming, and land 
investment companies, Castle Rock Land and Livestock, L.C. (Castle Rock 
Land), Skull Valley Co., LTD. (Skull Valley), and Ensign Ranches of 
Utah, L.C. (Ensign Ranches). Two other entities, the Skull Valley Band 
of Goshute Indians (Skull Valley Band), a Native American tribe, and 
the Scientists for Secure Waste Storage (SSWS) also submitted 
intervention petitions, the latter late-filed, indicating they wished 
to participate in any hearing in support of the PFS application. 
Ultimately, these participants proffered more than 100 contentions 
either opposing or supporting the PFS application and the accompanying 
safety analysis report, environmental report, emergency plan, physical 
security plan, and preliminary decommissioning plan.
    In a September 10, 1997 memorandum, the Commission referred the 
pending hearing requests to the Atomic Safety and Licensing Board Panel 
for the appointment of a presiding officer to conduct any necessary 
proceedings. On September 15, 1997, the Chief Administrative Judge of 
the Panel appointed this Atomic Safety and Licensing Board to act on 
the Commission's referral. (62 FR 49,263.) The Board consists of Dr. 
Jerry R. Kline, Dr. Peter S. Lam, and G. Paul Bollwerk, III, who serves 
as Chairman of the Board.
    On January 26, 1998, accompanied by representatives of the various 
participants, the Board took a bus tour of the eastern Tooele County, 
Utah area that included views of, or stops at, various sites in and 
around Skull Valley the petitioners had identified as potentially 
relevant to the issues in this proceeding. The Board then conducted a 
three-day prehearing conference (January 27-29, 1998) during which it 
heard oral presentations regarding the standing of petitioners 
Confederated Tribes and Chairman Pete and the admissibility of most of 
the contentions filed by the petitioners opposing the PFS application. 
Thereafter, on March 26, 1998, the Chief Administrative Judge issued a 
notice establishing a separate licensing board to consider and rule on 
all matters concerning the PSF physical security plan. (63 FR 15,900.)
    On April 22, 1998, the Licensing Board issued a memorandum and 
order ruling on the petitioners' standing and the admissibility of the 
contentions that did not involve challenges to the PFS physical 
security plan. (See Private Fuel Storage, L.L.C. (Independent Spent 
Fuel Storage Installation), LBP-98-7, 47 NRC ____ (Apr. 22, 1998).) The 
Board denied the hearing requests of petitioners David Pete, SSWS, and 
Ensign Ranches, the first two because they lacked standing and the 
third because it had failed to set forth an admissible contention. 
Concluding the remaining intervenors had established their standing to 
intervene and had proffered at least one admissible contention, the 

[[Page 23477]]

granted the petitions of the State, Castle Rock Land/Skull Valley, OGD, 
Confederated Tribes, and Skull Valley Band and admitted them as parties 
to the proceeding.
    In light of the foregoing, please take notice that a hearing will 
be conducted in this proceeding. This hearing will be governed by the 
formal hearing procedures set forth in 10 CFR Part 2, Subpart G (10 CFR 
    During the course of the proceeding, the Board may conduct an oral 
argument, as provided in 10 CFR 2.755, may hold additional prehearing 
conferences pursuant to 10 CFR 2.752, and may conduct evidentiary 
hearings in accordance with 10 CFR 2.750-.751. The public is invited to 
attend any oral argument, prehearing conference, or evidentiary 
hearing. Notices of those sessions will be published in the Federal 
Register and/or made available to the public at the NRC Public Document 
    Additionally, as provided in 10 CFR 2.715(a), any person not a 
party to the proceeding may submit a written limited appearance 
statement setting forth his or her position on the issues in this 
proceeding. These statements do not constitute evidence, but may assist 
the Board and/or parties in defining the issues being considered. 
Persons wishing to submit a written limited appearance statement should 
send it to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC. 20555, Attention: Rulemakings and 
Adjudications Staff. A copy of the statement also should be served on 
the Chairman of the Atomic Safety and Licensing Board. At a later date, 
the Board will entertain oral limited appearance statements at a 
location or locations in the vicinity of the proposed PFS facility. 
Notice of these oral limited appearance sessions will be published in 
the Federal Register and/or made available to the public at the NRC 
Public Document Rooms.
    Documents relating to this proceeding are available for public 
inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC. 20555; and at the NRC 
Local Public Document Room at the University of Utah, Marriott Library, 
Documents Division, 295 S. 1500 East, Salt Lake City, Utah 84112-0860.

    Rockville, Maryland, April 24, 1998.

    For the Atomic Safety and Licensing Board *.

    * Copies of this notice of hearing were sent this date to 
counsel for the applicant PFS, and to counsel for petitioners Skull 
Valley Band, SSWS, OGD, Confederated Tribes/Pete, Castle Rock Land/
Skull Valley/Ensign Ranches, and the State by Internet e-mail 
transmission; and to counsel for the NRC staff by e-mail through the 
agency's wide area network system.

G. Paul Bollwerk, III,
Chairman, Administrative Judge.
[FR Doc. 98-11404 Filed 4-28-98; 8:45 am]