ML071840155

2007/07/03- LB Memorandum and Order (Initial Prehearing Conference Items)

ML071840155
Person / Time
Site:	Susquehanna
Issue date:	07/03/2007
From:	Bollwerk G, Cole R, Rubenstein A Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
07-854-01-OLA-BD01, 50-387-OLA, 50-388-OLA, RAS 13823
Download: ML071840155 (2)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED 07/03/07 ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board SERVED 07/03/07 G. Paul Bollwerk, III, Chairman Dr. Richard F. Cole Lester S. Rubenstein In the Matter of Docket Nos. 50-387-OLA and 50-388-OLA PPL SUSQUEHANNA LLC ASLBP No. 07-854-01-OLA-BD01 (Susquehanna Steam Electric Station, Units July 3, 2007 1 and 2)

MEMORANDUM (Initial Prehearing Conference Items)

In connection with the initial prehearing conference scheduled for July 10, 2007,1 in their arguments regarding the standing of petitioner Eric Joseph Epstein, the participants may wish to address the applicability, if any, of the Commissions recent decision in Consumers Energy Co. (Big Rock Point ISFSI), CLI-07-21, 65 NRC (June 28, 2007) (ADAMS Accession No.

ML071790530).

Also, relative to petitioner Epsteins June 12, 2007 reply to the answers of applicant PPL Susquehanna LLC (PPL) and the NRC staff to his intervention petition, the Licensing Board is aware that the majority decision in the Licensing Board case cited by Mr. Epstein in footnote seventeen has been reversed by the Commission. See Eric Joseph Epsteins Reply to [PPL]

and the NRC Staffs Responses to Eric Joseph Epsteins Petition for Leave to Intervene, 1

By an e-mail sent June 28, 2007, Licensing Board Panel judicial law clerk Debra Wolf contacted all the participants regarding the administrative details associated with participating in this teleconference and indicated that any participant questions concerning conference logistics should be directed to her attention.

Request for Hearings and Contentions (June 12, 2007) at 8 n.17 (citing Entergy Nuclear Vermont Yankee, LLC, and Energy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station), LBP-06-20, 64 NRC 131, 180-81 (2006), revd, CLI-07-16, 65 NRC (Apr. 11, 2007)

(ADAMS Accession No. ML071010217)).

FOR THE ATOMIC SAFETY AND LICENSING BOARD2

/RA/

G. Paul Bollwerk, III CHAIRMAN Rockville, Maryland July 3, 2007 2

Copies of this memorandum were sent this date by Internet e-mail transmission to (1) counsel for applicant PPL and the staff; and (2) petitioner Eric Joseph Epstein.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

PPL SUSQUEHANNA LLC ) Docket Nos. 50-387/388-OLA

)

)

(Susquehanna Steam Electric Station, )

Units 1 and 2)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM AND ORDER (INITIAL PREHEARING CONFERENCE ITEMS) have been served upon the following persons by U.S.

mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication G. Paul Bollwerk, III, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Richard F. Cole Lester S. Rubenstein 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 20555-0001 Washington, DC 20555-0001 Lloyd B. Subin, Esq. Eric Joseph Epstein Susan L. Uttal, Esq. 4100 Hillsdale Road Office of the General Counsel Harrisburg, PA 17112 Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Docket Nos. 50-387/388-OLA LB MEMORANDUM AND ORDER (INITIAL PREHEARING CONFERENCE ITEMS)

David R. Lewis, Esq.

Jay E. Silberg, Esq.

Pillsbury, Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037

[Original signed by R. L. Giitter]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 3rd day of July 2007