ML070750050
| ML070750050 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 03/15/2007 |
| From: | Martin J NRC/OGC |
| To: | |
| Martin JC, NRC/OGC, 301-415-1569 | |
| References | |
| 50-387-LR, 50-388-LR, ASLBP 07-851-01-LR, RAS 13251 | |
| Download: ML070750050 (6) | |
Text
March 15, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of ) )
PPL SUSQUEHANNA, LLC ) Docket Nos. 50-387-LR
) 50-388-LR (Susquehanna Steam Electric Station )
Units 1 and 2) ) ASLBP No. 07-851-01-LR MOTION TO STRIKE PORTIONS OF MR. EPSTEIN'S RESPONSE TO THE BOARD'S REQUEST FOR INFORMATION INTRODUCTION On March 11, 2007, in response to a request from the Atomic Safety and Licensing Board Panel (Board) during the March 8, 2007 pre-hearing telephone
conference, Mr. Epstein filed his "Response to the Atomic Safety Licensing [sic] Board
Panel's Request for Information" (Response). The NRC Staff moves to strike portions of
this Response as it provides significantly more information than the Board requested.
BACKGROUND This case concerns the license renewal application filed by PPL Susquehanna, LLC (PPL) on September 13, 2006, for Operating License Nos. NPF-14 and NPF-22 for
the Susquehanna Steam Electric Station (SSES) Units 1 & 2.
1 On January 2, 2007, Eric Joseph Epstein filed a Petition to Intervene, asserting individual standing, and 1 See Letter from Britt T. McKinney, PPL Su squehanna, LLC to U.S. NRC, Susquehanna Steam Electric Station Application for Renewed O perating Licenses Numbers NPF-14 and NPF-22 PLA-6110, September 13, 2006. Agencywi de Documents Access and Management System (ADAMS) Accession Nos.
ML062620157, ML062630225, ML062630235. representational and organizational standing on behalf of Three Mile Island Alert, Inc. (TMIA), and proffering five proposed contentions (Petition to Intervene).
2 On February 28, 2007, the Board issued an Order scheduling a telephone
conference for March 8, 2007 regarding the admissibility of Mr. Epstein's proposed
contentions.
3 During the telephone conference, the Board requested that the parties provide a list of case citations for those cases which support their position on the
proximity presumption for standing.
See Tr. at p. 13, l. 21-25.
4 In addition, the Board requested that Mr. Epstein provide a list of the category 2 environmental impacts that his
contentions challenge.
See Tr. at p.28, l. 17-22. PPL and the Staff both sent their responses to the Board and parties via electronic mail on Friday, March 9, 2007. Mr.
Epstein provided his response via electronic mail on March 11, 2007.
DISCUSSION Portions of Mr. Epstein's Response should be stricken because he failed to
follow the Board's instructions and provided significantly more information than
permissible.
During the March 8, 2007 conference, the Board made it clear that it only wanted
to receive a list of case citations and a list of the category 2 environmental impacts at issue. Regarding case citations for the proximity presumption, Judge Young stated that "I ask all the parties to do this and that is by Monday morning to file just citations to cases you'd like us to look at giving the citation and the specific page numbers. . ." Tr. at 2 Eric Joseph Epstein's Petition for Leave to In tervene, Request for Hearing, and Presentation of Contentions with Supporting Factual Data (January 2, 2007) (ML070170485).
3 Order (Scheduling Telephone Conference) (ML070590643) (Order).
4 Official Transcript of Proceedings: PPL Susquehanna LLC, March 8, 2007 (ML070720568). (Tr.) p.13 l. 21-25 (emphasis added). This point was specifically highlighted when PPL's attorney, Mr. Lewis, expressed concern that this opportunity would provide Mr. Epstein
with an impermissible "fourth bite at the apple." Tr. at p. 33 l. 15-16. Judge Young
responded to this concern by stating "that's why I think we're limiting this to merely
citations and we're not going to accept any more argument . . ." Tr. at p. 33 l. 18-20. Mr. Epstein's Response contained considerably more information than the Board requested. Specifically, Mr. Epstein's Response provided arguments regarding the
applicability of his cited cases to the current proceeding. Response at 2. Additionally, Mr. Epstein included a significant amount of new information regarding the frequency
with which he enters within fifty-miles of the SSES. Response at 2-3. This new
information is beyond what the Board requested, and results in an impermissible attempt
to supplement the record with information that should have been provided in Mr.
Epstein's original petition to intervene. Therefore, this additional information should be
stricken from Mr. Epstein's response, and only the case citations and quoted category 2
environmental impacts should remain in the record.
Pursuant to 10 C.F.R. § 2.323(b), the Staff has discussed this motion with Mr.
Epstein but was unable to resolve the dispute. The Staff has also notified Mr. Lewis and he had no objection to this motion. CONCLUSION For the reasons discussed above, the Board should strike all portions of Mr.
Epstein's Response that provide information beyond what the Board requested during
the March 8, 2007 pre-hearing conference and consider only Mr. Epstein's case citations
and references to category 2 environmental impacts.
Respectfully submitted, /RA/ ____________________
Jody C. Martin
Counsel for NRC Staff
Dated at Rockville, Maryland
This 15 th day of March, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of ) )
PPL SUSQUEHANNA, LLC ) Docket Nos. 50-387-LR
) 50-388-LR (Susquehanna Steam Electric Station )
Units 1 and 2) ) ASLBP No. 07-851-01-LR
CERTIFICATE OF SERVICE I hereby certify that copies of the A NRC STAFF'S MOTION TO STRIKE PORTIONS OF MR.
EPSTEIN'S RESPONSE TO THE BOARDS REQUEST FOR INFORMATION
@ in the captioned proceeding, have been served on the following by electronic mail with copies by deposit in the
NRC's internal mail system or by deposit in the U.
S. Postal Service (as indicated by an asterisk) this 15 th day of February, 2007:
Ann Marshall Young, Chair
Administrative Judge
Atomic Safety and Licensing Board Panel
Mail Stop: T-3F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
AMY@nrc.gov
Dr. Kaye D. Lathrop
Administrative Judge
Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
klathrop@independence.net
Dr. William W. Sager
Administrative Judge
Atomic Safety and Licensing Board Panel
Mail Stop: T-3F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
wsager@tamu.edu
Office of the Secretary
ATTN: Docketing and Service
Mail Stop: O-16C1
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
HEARINGDOCKET@nrc.gov
Office of Commission Appellate
Adjudication
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
OCAAMail@nrc.gov
Marcia Carpentier, Esq.
Law Clerk
Atomic Safety and Licensing Board
Mail Stop: T-3F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001 MXC7@nrc.gov
Eric Joseph Epstein*
4100 Hillsdale Road
Harrisburg, PA 17112
ericeepstein@comcast.net
David R. Lewis, Esq.*
Pillsbury, Winthrop Shaw Pittman LLP
2300 N Street, NW
Washington, D.C. 20037
david.lewis@pillsburylaw.com
/RA/ ____________________
Jody C. Martin
Counsel for NRC Staff