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
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Docket Nos. 50-387-LR
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50-388-LR (Susquehanna Steam Electric Station
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Units 1 and 2)
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ASLBP No. 07-851-01-LR MOTION TO STRIKE PORTIONS OF MR. EPSTEINS RESPONSE TO THE BOARDS 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 Panels 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 Susquehanna, LLC to U.S. NRC, Susquehanna Steam Electric Station Application for Renewed Operating Licenses Numbers NPF-14 and NPF-22 PLA-6110, September 13, 2006. Agencywide 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. Epsteins 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. Epsteins Response should be stricken because he failed to follow the Boards 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 youd like us to look at giving the citation and the specific page numbers... Tr. at 2 Eric Joseph Epsteins Petition for Leave to Intervene, 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 PPLs 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 thats why I think were limiting this to merely citations and were not going to accept any more argument... Tr. at p. 33 l. 18-20.
Mr. Epsteins Response contained considerably more information than the Board requested. Specifically, Mr. Epsteins 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.
Epsteins original petition to intervene. Therefore, this additional information should be stricken from Mr. Epsteins 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.
Epsteins Response that provide information beyond what the Board requested during the March 8, 2007 pre-hearing conference and consider only Mr. Epsteins case citations and references to category 2 environmental impacts.
Respectfully submitted,
/RA/
Jody C. Martin Counsel for NRC Staff Dated at Rockville, Maryland This 15th day of March, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
)
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 ANRC STAFFS MOTION TO STRIKE PORTIONS OF MR.
EPSTEINS 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 NRCs internal mail system or by deposit in the U.S. Postal Service (as indicated by an asterisk) this 15th 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