ML14357A639

Letter of Clarification

ML14357A639
Person / Time
Site:	Susquehanna
Issue date:	12/23/2014
From:	Ritter D - No Known Affiliation
To:	NRC/OCM
SECY RAS
References
50-387, 50-388, 72-28, License Transfer, RAS 27039
Download: ML14357A639 (7)

Text

December 22, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of )

PPL Susquehanna, LLC ) Docket Nos 50-387, Susquehanna Steam Electric ) 50-388, Station Units 1 and 2 ) and 72-28 Letter of Clarification This Letter serves to correct factual inaccuracies and material omissions made by PPLs counsel in a correspondence dated November 24, 2014, i.e., Susquehanna's Answer Opposing Douglas B. Ritters Request for A Hearing Regarding the Indirect License Transfer of Control of the Susquehanna Steam Electric Station.

The factual inaccuracies and material omissions were made by PPL on pages 3, 4 and 24.

The Notice stated that any such petitions should be filed in accordance with the Commissions rules of practice set forth in 10 C.F.R. Subpart C, and laid out the standards for pleading admissible contentions and establishing standing. The Notice also required any hearing request to be filed electronically and advised potential participants to contact the Office of the Secretary at least 10 days prior to the filing deadline to comply with the procedural requirements of the E-filing rule. (PPL, p. 3) 1

There is no indication that Mr. Ritter made any attempt to contact the Office of the Secretary prior to the deadline for any assistance in complying with the electronic filing requirements, nor was the initial filing served on PPL Susquehanna. Mr. Ritter later filed the Petition electronically on November 4, 2014. (PPL, p. 4)

Moreover, the Petition and exemption request provides no indication that Mr. Ritter made any attempt to contact the Office of the Secretary ten days prior to the filing deadline (as the Notice required) to obtain a digital certificate, set up an electronic docket, and obtain whatever assistance he may have needed to comply with the electronic filing rule. That Mr. Ritter was subsequently perfectly capable of filing his Petition electronically on November 4, 2014, more than a week after it was due, demonstrates that he simply made an insufficient attempt to comply with the NRC rules. This does not constitute a timely filing, and consequently Mr.

Ritters Petition should be considered and denied as untimely.

(PPL, p. 24)

The official record for this proceeding requires that the Commissioners be apprised of staffs actions in regard to my filing requests.

The letter is not a Reply to PPLs Answer.

The Federal Register stated, To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by telephone at 301-415-1677 established in the Federal Register/Vol. 79 No. 193/p. 60194.

• I contacted members of the NRC staff prior to the ten day deadline.

Among the staff I contacted were Neil Sheehan, Region 1, Public Affairs Officer, Rebecca L. Guttter from the Office of the Secretary, Office of Nuclear Reactor Regulation.

2

These dates and times are available upon request, and can be confirmed by crosschecking the NRC electronic and telephonic logs.

I communicated with the point of contact identified in the Federal Register - Jeffrey A. Whited from the Office of Nuclear Reactor Regulation.

I also interfaced at length with the HELP Line.

• Jeffrey Whited returned my message at 9:00 am on Tuesday, October 21, 2014. I asked him how I could obtain an exemption from an electronic filing. He replied that the request for exemption should be included as part of my hard copy request for a hearing.

In response to my questions about format and content requirements, he said only that I should follow the requirements for things to be included, that are mentioned in the October 6, 2014, Federal Register/Vol. 79 No.

193/p. 60195.

• I was instructed by NRC staff to file a hard copy of my Petition for a Public Hearing on the Application for Approval of the Indirect License Transfer of Susquehanna Steam Electric Station Station, Units 1 and 2, Facility Operating License Nos. NPF-14 and NPF-22, NRC Docket Nos.

50-387, 50-388, and 72-28 pursuant to 52 Pa. Code S 5.71.

I filed the docket via certified mail as instructed by NRC staff on October 27, 2014. Therefore, I am compliant with the filing window published in the Federal Register/Vol. 79 No. 193/p. 60196.

However, I still worked with NRC staff to file an electronic copy.

3

• On Friday, October 31, 2014, I contacted the Help Desk at #866-672-7640 at 14:22. Once again, I was referred to Ms. Rebecca Gutter in the Office of the Secretary.

• On Friday, October 31, 2014, I contacted Ms. Rebecca Gutter at #301-415-1679 at 14:42.

• On Saturday, November 1, 2014, I left a message for Ms. Gutter at #301-415-1679 at 1250 expressing the challenges I was experiencing trying to establish a computer link.

• On Monday November 3, 2014, I was contacted by Ms. Guttter. She told me not to worry about the timing of the electronic filing: Your paper filing got there.

• On Tuesday, November 4, 2014 , I was on the phone to the Help Desk for three hours and filed around 19:00 .

Electronic records, telephone logs and staff interviews will confirm these communications and verifications.

My Petition for a Public Hearing on the Application for Approval of the Indirect License Transfer of Susquehanna Steam Electric Station Station, Units 1 and 2, Facility Operating License Nos. NPF-14 and NPF-22, NRC Docket Nos. 50-387, 50-388, and 72-28 pursuant to 52 Pa. Code S 5.71 to intervene under the 10 CFR NRC, Section 50: 80 § 2.309 was filed in a timely manner as confirmed and verified by staff from the Nuclear Regulatory Commission during telephonic and electronic communications.

4

I also wanted to take the time to thank the staff for their diligence, patience and time.

Respectfully Submitted, Douglas B. Ritter, Petitioner 44 Blackberry Lane Berwick, PA, 18603 Dated: December 22, 2014 5

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

PPL Susquehanna, LLC ) Docket Nos. 50-387, Susquehanna Steam Electric ) 50-388, Station Units 1 and 2) and 72-28 Certificate of Service I hereby certify that the foregoing Letter of Clarification Regarding the Indirect Transfer of Control of Susquehanna Licenses has been served through the E-Filing system on the participants in the above-captioned proceeding, and via certified hard copy, this 22nd day of December , 2014.

Respectfully submitted, Douglas B. Ritter, Petitioner 44 Blackberry Lane Berwick, PA 18603

1. 570-759-2227 6

Service List Office of the Secretary, United States of America Nuclear Regulatory Commission, Sixteenth Floor, One White Flint North 11555 Rockville Pike Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 Attention: Rulemakings and Adjudications Staff David R. Lewis, Counsel for PPL Pillsbury, Winthorp, Shaw, Pittman, LLP 2300 N Street, NW Washington, DC 20037-1128 Electronic Service List

• anita.ghosh@nrc.gov

• hearingdocket@nrc.gov,

• david.lewis@pillsburylaw.co

• beth.mizuno@nrc.gov,

• OCAAMAIL@nrc.gov

• John.Tibbetts@nrc.gov

• Susan.uttal@nrc.g

• maria.webb@pillsburylaw.com

• edward.williamson@nrc.gov Dated: December 22, 2014 7

December 22, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of )

PPL Susquehanna, LLC ) Docket Nos 50-387, Susquehanna Steam Electric ) 50-388, Station Units 1 and 2 ) and 72-28 Letter of Clarification This Letter serves to correct factual inaccuracies and material omissions made by PPLs counsel in a correspondence dated November 24, 2014, i.e., Susquehanna's Answer Opposing Douglas B. Ritters Request for A Hearing Regarding the Indirect License Transfer of Control of the Susquehanna Steam Electric Station.

The factual inaccuracies and material omissions were made by PPL on pages 3, 4 and 24.

The Notice stated that any such petitions should be filed in accordance with the Commissions rules of practice set forth in 10 C.F.R. Subpart C, and laid out the standards for pleading admissible contentions and establishing standing. The Notice also required any hearing request to be filed electronically and advised potential participants to contact the Office of the Secretary at least 10 days prior to the filing deadline to comply with the procedural requirements of the E-filing rule. (PPL, p. 3) 1

There is no indication that Mr. Ritter made any attempt to contact the Office of the Secretary prior to the deadline for any assistance in complying with the electronic filing requirements, nor was the initial filing served on PPL Susquehanna. Mr. Ritter later filed the Petition electronically on November 4, 2014. (PPL, p. 4)

Moreover, the Petition and exemption request provides no indication that Mr. Ritter made any attempt to contact the Office of the Secretary ten days prior to the filing deadline (as the Notice required) to obtain a digital certificate, set up an electronic docket, and obtain whatever assistance he may have needed to comply with the electronic filing rule. That Mr. Ritter was subsequently perfectly capable of filing his Petition electronically on November 4, 2014, more than a week after it was due, demonstrates that he simply made an insufficient attempt to comply with the NRC rules. This does not constitute a timely filing, and consequently Mr.

Ritters Petition should be considered and denied as untimely.

(PPL, p. 24)

The official record for this proceeding requires that the Commissioners be apprised of staffs actions in regard to my filing requests.

The letter is not a Reply to PPLs Answer.

The Federal Register stated, To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by telephone at 301-415-1677 established in the Federal Register/Vol. 79 No. 193/p. 60194.

• I contacted members of the NRC staff prior to the ten day deadline.

Among the staff I contacted were Neil Sheehan, Region 1, Public Affairs Officer, Rebecca L. Guttter from the Office of the Secretary, Office of Nuclear Reactor Regulation.

2

These dates and times are available upon request, and can be confirmed by crosschecking the NRC electronic and telephonic logs.

I communicated with the point of contact identified in the Federal Register - Jeffrey A. Whited from the Office of Nuclear Reactor Regulation.

I also interfaced at length with the HELP Line.

• Jeffrey Whited returned my message at 9:00 am on Tuesday, October 21, 2014. I asked him how I could obtain an exemption from an electronic filing. He replied that the request for exemption should be included as part of my hard copy request for a hearing.

In response to my questions about format and content requirements, he said only that I should follow the requirements for things to be included, that are mentioned in the October 6, 2014, Federal Register/Vol. 79 No.

193/p. 60195.

• I was instructed by NRC staff to file a hard copy of my Petition for a Public Hearing on the Application for Approval of the Indirect License Transfer of Susquehanna Steam Electric Station Station, Units 1 and 2, Facility Operating License Nos. NPF-14 and NPF-22, NRC Docket Nos.

50-387, 50-388, and 72-28 pursuant to 52 Pa. Code S 5.71.

I filed the docket via certified mail as instructed by NRC staff on October 27, 2014. Therefore, I am compliant with the filing window published in the Federal Register/Vol. 79 No. 193/p. 60196.

However, I still worked with NRC staff to file an electronic copy.

3

• On Friday, October 31, 2014, I contacted the Help Desk at #866-672-7640 at 14:22. Once again, I was referred to Ms. Rebecca Gutter in the Office of the Secretary.

• On Friday, October 31, 2014, I contacted Ms. Rebecca Gutter at #301-415-1679 at 14:42.

• On Saturday, November 1, 2014, I left a message for Ms. Gutter at #301-415-1679 at 1250 expressing the challenges I was experiencing trying to establish a computer link.

• On Monday November 3, 2014, I was contacted by Ms. Guttter. She told me not to worry about the timing of the electronic filing: Your paper filing got there.

• On Tuesday, November 4, 2014 , I was on the phone to the Help Desk for three hours and filed around 19:00 .

Electronic records, telephone logs and staff interviews will confirm these communications and verifications.

My Petition for a Public Hearing on the Application for Approval of the Indirect License Transfer of Susquehanna Steam Electric Station Station, Units 1 and 2, Facility Operating License Nos. NPF-14 and NPF-22, NRC Docket Nos. 50-387, 50-388, and 72-28 pursuant to 52 Pa. Code S 5.71 to intervene under the 10 CFR NRC, Section 50: 80 § 2.309 was filed in a timely manner as confirmed and verified by staff from the Nuclear Regulatory Commission during telephonic and electronic communications.

4

I also wanted to take the time to thank the staff for their diligence, patience and time.

Respectfully Submitted, Douglas B. Ritter, Petitioner 44 Blackberry Lane Berwick, PA, 18603 Dated: December 22, 2014 5

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

PPL Susquehanna, LLC ) Docket Nos. 50-387, Susquehanna Steam Electric ) 50-388, Station Units 1 and 2) and 72-28 Certificate of Service I hereby certify that the foregoing Letter of Clarification Regarding the Indirect Transfer of Control of Susquehanna Licenses has been served through the E-Filing system on the participants in the above-captioned proceeding, and via certified hard copy, this 22nd day of December , 2014.

Respectfully submitted, Douglas B. Ritter, Petitioner 44 Blackberry Lane Berwick, PA 18603

1. 570-759-2227 6

Service List Office of the Secretary, United States of America Nuclear Regulatory Commission, Sixteenth Floor, One White Flint North 11555 Rockville Pike Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 Attention: Rulemakings and Adjudications Staff David R. Lewis, Counsel for PPL Pillsbury, Winthorp, Shaw, Pittman, LLP 2300 N Street, NW Washington, DC 20037-1128 Electronic Service List

• anita.ghosh@nrc.gov

• hearingdocket@nrc.gov,

• david.lewis@pillsburylaw.co

• beth.mizuno@nrc.gov,

• OCAAMAIL@nrc.gov

• John.Tibbetts@nrc.gov

• Susan.uttal@nrc.g

• maria.webb@pillsburylaw.com

• edward.williamson@nrc.gov Dated: December 22, 2014 7