ML070930609

Susquehanna - Eric Joseph Epstein'S Response to the NRC Staff'S Motion to Strikes Portions of Eric Joseph Epstein Response to the Atomic Safety Licensing Board Panel'S Request for Information

ML070930609
Person / Time
Site:	Susquehanna
Issue date:	03/20/2007
From:	Epstein E - No Known Affiliation
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-387-LR, 50-388-LR, ASLBP 07-851-01-LR, RAS 13362
Download: ML070930609 (5)

Text

?,,, -S IL, ý(v -) DOCKETED USNRC March 20, 2007 (11:47am)

OFFICE OF SECRETARY United States of America RULEMAKINGS AND ADJUDICATIONS STAFF Nuclear Regulatory Commission Before the Atomic Safety and Licensing Board In the Matter of ) Docket Nos. 50-387-LR PPL Susquehanna, LLC ) 5o-388-LR Susquehanna Steam Electric Station, ) ASLBP No. o7-851-oi-LR Units 1 and 2 Eric Joseph Epstein's Response to the Nuclear Regulatory Commission Staff s Motion to Strikes Portions of Eric Joseph Epstein Response to the Atomic Safety Licensing Board Panel's Request for Information March 20, 2007

Dear Judges Young,

Lathrop and Sager:

Enclosed for filing in the Matter of PPL Susquehanna, LLC, Susquehanna Steam Electric Station Units 1 and 2 (Docket Nos. 50-387-LR &

50-388-LR; ASLBP No. o7-851-ol-LR), please find Eric Joseph Epstein's Response to the Nuclear Regulatory Commission Staffs Motion to Strike Portions of Eric Joseph Epstein Response to the Atomic Safety Licensing Board Panel's Request for Information during a March 8, 2007 Teleconference.

Respectfully submit ed, Er* Jose Ep em 41oo Hillsdal Road Harrisburg, PA 17112 S c y-e.)

-TO W L 4- c~ chL'-51:1-

I. INTRODUCTION On February 28, 2007, the Atomic Safety & Licensing Board Panel ("the Board") issued an Order scheduling a telephone conference for March 8, 2007 regarding the admissibility of Eric Joseph Epstein's ("Epstein" or "Mr. Epstein")

contentions.

On March 8, 2007, the Board convened a pre-hearing telephone conference. During the telephone conference, the Board requested data and information from all Parties.

PPL and the Staff both sent their responses to the Board and parties via electronic mail on Friday, March 9, 2007.

On March 11, 2007, Mr. Epstein ("Epstein" or Mr. Epstein") filed his "Response to the Atomic Safety Licensing Board Panel's Request for Information"

("Response)." Specific information requests pertaining to citations for standing and "Category 2" delineations were submitted by Mr. Epstein via electronic mail on March 11, 2007. This filing will also be sent via United States Postal Service on Monday March 12, 2007.

On March 15, 2007, the NRC Staff moved to Strike portions of Mr.

Epstein's Response II. BACKGROUND This case concerns the license renewal application filed by PPL Susquehanna, LLC (PPL) on September 13, 2oo6, 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 representational and organizational standing on behalf of Three Mile Island Alert, Inc., and stated five contentions.

2

III. DISCUSSION The staff argues, "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."

Mr. Epstein responded in good faith to requests made by the Board. Since Epstein did not have access to same day transcription, his Response on March 11, 2007, (1) was based on his notes which identified three areas of interest:

background and citations for "proximity" in relation to standing; Mr. Epstein's "work proximity" in relation to the Sustainable Energy Fund; and, ."Category 2" delineations for the proposed contentions.

Mr. Epstein did not obtain a transcript (nor was one provided) until March 16, 2007. The Office of Secretary, Rulemaking and Adjudication's Staff provided the transcript to Mr. Epstein via electronic mail on March 16, 2007.

The staff argues that, 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.

Yet neither the NRC or PPL identified any harm that was caused or advantage gained by Mr. Epstein's Response.

In fact, PPL did not file a Motion to Strike.

1 The Board identified March 12, 2007 as the filing deadline.

3

The NRC staff inferred that PPL and the NRC had somehow anticipated that Mr. Epstein would violate res judicata by simply responding to an official Board request.

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 1. 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 1. 18-20.

Mr. Epstein did not present an argument. He simply submitted information he believed the Board had requested. Additionally, the data and information submitted does not harm or adversely affect the NRC or PPL.

IV. CONCLUSION For the reasons discussed above, the Board should deny the NRC's staff Motion to Strike.

ec ly su mted Eni ose Eps in 410 H ilsdale oad Harrisburg, PA 17112 4

CERTIFICATE OF SERVICE I hereby certify that copies of enclosed correspondence dated March 20, 2007, were served on the persons listed below by electronic mail.

Administrative Judge Susan L. Uttel, Esquire Ann Marshall Young, Esq., Chairman Molly L. Barkman, Esquire Atomic Safety and Licensing Board US N.R.C. - OGC Mail Stop T-3 F23 Mail Stop 0-15 D-21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-000 amy@nrc.gov Pillsbury, Winthrop et al Administrative Judge David R. Lewis, Esquire Dr. Kaye D. Lathrop PPL Susquehanna, LLC Atomic Safety and Licensing Board 23oo N Street, N.W.

Mail Stop T-3 F23 Washington, D.C. 20037-1128 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 klathrop@independence.net Administrative Judge Dr. William W. Sager Atomic Safety and Licensing Board Mail Stop T-3 F23 Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Washington, D.C. 20555-0001 Mail Stop O-16 C1 wsager@tamu.edu U.S. NRC Washington, D.C. 20555-0001 Secretary Att'n: Rulemakings and Adjudications Staff Mail Stop 0-16 Ci U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secy@nrc.gov; hearingdocket@nrc.gov Dated: March 20, 2007 5