ML17207A406
| ML17207A406 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie, Hope Creek, Turkey Point  |
| Issue date: | 08/24/1979 |
| From: | Bouknight J, Gribbon D COVINGTON & BURLING, FLORIDA POWER & LIGHT CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | |
| References | |
| NUDOCS 7909260009 | |
| Download: ML17207A406 (5) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission
)
)
Florida Power
& Light Company
)
(St. Lucie Plant, Unit No.
1)
)
)
Florida Power
& Light Company
)'Turkey Point Plant, Units 3
)
and 4)
)
'4 Docket No. 50-335A Docket No. 50-250A 50-251A
RESPONSE
OF FLORIDA PORTER 6
LIGHT COMPANY TO CITIES MOTION TO LODGE On August 9, 1979, the Cities moved to "lodge" a decision of the FERC in FERC Docket No. 78-19 which concerns Florida Power 6 Light Company (FPL).. FPL opposes the motion.
2/
Section 105a of the Atomic Energy Act authorizes the. Commission N
to act on the basis of a finding "by a court of competent juris-diction" that a licensee has violated the antitrust laws
" in the conduct of the licensed activity."
The FERC is not a court of competent jurisdiction, and it did not, by the terms of its
- decision, determine the existence of any violation of the anti-trust laws.
- Moreover, a decision concerning the justness and reasonableness of a tariff provision submitted in 1977 (and which never took effect) cannot conceivably have any relevance to the 1/
Due to a'lerical error, counsel for FPL was not served with the Motion and did not receive it until August 24-Counsel for the Cities has authorized FPL's counsel to represent that the Cities have no objection to filing of this response out of time.
2/
The decision of the FERC is subject to reconsideration and judicial 'review.
FPL intends to request reconsideration.
question before this Commission whether-certain findings by the United States Court of Appeals for the Fifth Circuit con cerning events which took place before 1970 establish a violation of the antitrust laws "in the conduct of the licensed activity which warrants initiation of proceedings by this Commission The FERC decision, which was issued on the basis of an expedited hearing schedule which did not permit adequate discovery into or consideration of the truth or falsity of antitrust allegations, does not purport to determine antitrust issues The decision is subject to reconsideration by the FERC and to judicial
- review, and is, therefore, by no,means final.
Moreover, it is not relevant to any of the issues pending here.
The Motion seeks only to prejudice the Commission's consideration of the matters properly before it.
FPL requests that it be denied Respectfully Submitted Dana.el M. Grzbbon Herbert Dym Covington 6 Burling 888 16th Street, N.W Washington, D ~ C ~
20006 J.A. Bouknight, Jr Lowenstein,
- Newman, Reis, Axelrad Toll 1025 Connecticut
- Avenue, N.W Washington, D ~ C ~
20036 August 24I 1979 John ED Mathews, Jr
- Mathews, Osborne, Ehrlich, McNatt Gobelman
& Cobb 1500 American Heritage Life Bldg ll East Forsyth Street Jacksonville, Florida 32202
.Bp:
~/
/ J.A. Bouknxght, Jr i
Counsel for Florida Power 6 Light Company
UNITED STATES OF AY%RICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of:
Florida Power 6 Light Company (St. Lucie Plant, Unit No.
1)
Florida Power
& Light Company (Turkey Point Plant, Units 3
and 4)
)'
)
)
)
)
)
)
)
Docket No. 50-335A Docket No. 50-250A 50-251A CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the following:
RESPONSE
OF FLORIDA POWER 6 LIGHT COMPANY TO CITIES MOTION TO LODGE have been served on the persons shown on the attached list by deposit in the United States Mail, properly stamped and addressed on August 24, 1979.
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'b By: p:5-- (AY.L~
Lowenstein, Newman, Reis, Axelrad 6 Toll 1025 Connecticut Avenue, N.N.
Washington, D.C.
20036 Counsel for Florida Power G Light Company
/
Chairman Joseph M. Hendrie Office of the Commissioners U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Commissioner Victor Gilinsky Office of the Commissioners U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Commissioner Richard Kennedy Office of the Commissioners U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Commissioner Peter Bradford Office of the Commissioners U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Commissioner John F. Ahearne Office of the Commissioners U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Alan S. Rosenthal, Esquire Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Jerome E. Shar fman, Esquire Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Richard S.
- Salzman, Esquire Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Robert M.
Lazo,.;.Esquire'."
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Robert A.
- ablon, Esauz.re Spiegel 6 McDiarmid 2600 Virginia Avenue, N.W.
Washington, D.C.
20037 Melvin G. Berger, Esquire Antitrust Division U.S. Department of Justice P.O.
Box 14141 Washington, D.C.
20044 Lee Scott Dewey, Esquire Counsel for the Staff U.S. Nuclear Regulatory Commission Washington, D.C.
20555 r'
I C.R. Stephens, Supervisor (20)
Docketing and Service Station Office of the Secretary of the Commission I
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 William C. Wise, Esquire Suite 200 1019 19th Street, N.W.
Washington, D.C.
20036 William H. Chandler, Esquire
- Chandler, O'Neal, Avera, Gray, Lang
& Stripling P.O.
Drawer 0
Gainesville, Florida 32602 Jerome Saltzman Chief, Antitrust and Indemnity Group U.S. Nuclear Regulatory Commission Washington, D.C.
20555
/
Samuel J. Chilk Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Ivan W. Smith, Esquire
- Chairman, Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Valentine B. Deale, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555