ML070520615
| ML070520615 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 02/13/2007 |
| From: | Doris Lewis Pillsbury, Winthrop, Shaw, Pittman, LLP, Susquehanna |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-387-LR, 50-388-LR, ASLB 07-851-01-LR, RAS 13075 | |
| Download: ML070520615 (4) | |
Text
/307,5 February 13, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION QCKETED USNRC Before the Atomic Safety and Licensing Board February 13, 2007 (2:09pm)
In the Matter of )OFFICE OF SECRETARY
) RULEMAKINGS AND PPL Susquehanna, LLC ) Docket Nos. 50-387-LR ADJUDICATIONS STAFF
) 50-388-LR (Susquehanna Steam Electric Station, ) ASLB No. 07-851-01-LR Units 1 and 2) )
PPL SUSQUEHANNA'S ANSWER TO ERIC EPSTEIN'S MOTION TO COMPEL APPLICATION FOR LICENSE TRANSFER PPL Susquehanna, LLC ("PPL Susquehanna") hereby answers and opposes "Eric Joseph Epstein's Motion to Compel PPL Susquehanna to (1) Apply for a Direct License Transfer...
and (2) Request and Receive a Schedular Exemption. .. " ("Motion"), dated February 5, 2007.
The Motion should be denied because a license transfer is beyond the scope of this license re-newal proceeding, and the Board has no authority to direct PPL Susqehanna to file an application to initiate a new proceeding.
The Motion should also be denied because Mr. Epstein's assertion that PPL Susquehanna did not apply for or receive a license transfer from the predecessor licensee, PPL Electric, (Mo-tion at 6) is baseless, as demonstrated by the Order Approving License Transfer and Conforming Amendments, 65 Fed.. Reg. 37,418 (2000). Indeed, this Order was cited in PPL Susquehanna's Answer to Eric Epstein's Petition for Leave to Intervene (Jan. 29, 2007), at 16 n.7, which Mr.
Epstein blithely ignores.
Finally, the Motion should be denied'because Mr. Epstein has made no effort to consult with the parties in this proceeding, as required by 10 C.F.R. § 2.323(b). Had he done so, his oversight of the prior license transfer might have been corrected.
-e, pIa-e c)/- es-,qI
For all these reasons, Mr. Epstein's Motion should be denied.
Respectfully Submitted, David R. Lewis PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, DC 20037-1128 Tel. (202) 663-8474 Counsel for PPL Susquehanna Dated: February 13, 2007 2
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, ) ASLB No. 07-851-01-LR Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of"PPL Susquehanna's Answer to Eric Epstein's Motion to Compel Application for License Transfer" dated February 13, 2007, was served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, and where indicated by an asterisk by electronic mail, this 13th day of February, 2007.
- Administrative Judge *Administrative Judge Ann Marshall Young, Esq., Chairman Dr. Kaye D. Lathrop Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop T-3 F23 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 amy@nrc.gov klathrop@independence.net
- Administrative Judge *Secretary Dr. William W. Sager Att'n: Rulemakings and Adjudications Staff Atomic Safety and Licensing Board Mail Stop 0-16 C1 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 secy@nrc.gov; hearingdocket@nrc.gov wsager@tamu.edu Office of Commission Appellate Adjudication Atomic Safety and Licensing Board Mail Stop 0-16 C1 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 400528242vl
- Susan L. Uttal, Esq. *Mr. Eric J. Epstein
- Molly L. Barkman. Esq. 4100 Hillsdale Road
- Jody C Martin, Esq. Harrisburg, PA 17112 Office of the General Counsel ericepstein@comcast.net Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 slu(2nrc.giv; rnlb9@nrc.gov; jcm5@nrc.gov David R. Lewis 4
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