ML17207A753

Advises of Settlement Reached Between Applicant & Orlando Utils Commission,Following ASLB 791106 Order Suspending Discovery.Requests Extension Until 800118 to Present Schedule for Further Proceedings.Certificate of Svc Encl

ML17207A753
Person / Time
Site:	Saint Lucie
Issue date:	12/21/1979
From:	Bouknight J LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Deale V, Lazo R, Smith I Atomic Safety and Licensing Board Panel
References
NUDOCS 8001220004
Download: ML17207A753 (8)

Text

404caT LowcasTcIN J*CR a. HCWHAN HAROLO / RCIS MAVRICC AIICLRAO OAVI0 R, TO I L IIATHI.CCN H. SHCA J. A, BOVIINIOHT,JR, C ORCOORY BARNCS MICHACL A, BAVSCR OCBOR*H L, 4CRNSTCIN AI.BCRT V CARR. Ja.

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s. oaAY oovoL*s o.oaccH I.AW OFFICES LOWENSTEIN, NEWMAN, REIS, AXELRAD 8: TOLL IO25 CONNECTICUT AVENUE, N. W.

WASHINGTON, O.C. 2OO36 202 '82 84OO December 21, 1979 Ivan W. Smith, Esq'.,

Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Robert M. Lazo, Esq.

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Valentine B. Deale, Esq.

Atomic Safety and Licensing Board Panel 1001 Connecticut Avenue, N.W.

Washington, D.C.

20036 Re:

Florida Power 6 Light Company, St. Lucie Pl ni,t No, 2,

NRC Docket No 50-389A~

Gentlemen:

By Order of November 6, 1979, the Board granted a joint motion of Applicant, NRC Staff and the Department of Justice to suspend discovery activities from November 1,

1979 to January 2, 1980, so that the parties could continue settle-ment negotiations.

Florida Power

& Light Company (FPL) is pleased to inform the Board that FPL and the Orlando Utilities Commission have agreed in principle on a settlement which resolves all matters at issue in this proceeding between FPL and the Orlando Utilities Commission.

The documents which embody this settlement are being drafted, and it is expected that they will be executed in the near future.

FPL, the Department and Staff have held extensive settlement discussions during this suspension in discovery.

These parties have made progress in narrowing their dif-.

ferences, but have not been able to reach an agreement which would resolve the issues in this proceeding.

Zn view 8001580

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LONENSTEIN NEWRANp REIS, AXELB*D8C TOLL Ivan W. Smith, Esq.

Robert M. Lazo, Esq.

Valentine B. Deale, Esq.

Page Two December 21, 1979 of this, Applicant, Staff and the Department agree that no further suspension of discovery activities is appropriate.

Finally, FPL respectfully requests that the Board allow the parties until January 18, 1980, to present the Board with a proposed schedule for further proceedings.

The Staff and the Department of Justice have authorized counsel for FPL to state that they have no objection to the January 18 date.

Sincerely, VA+cg~~ ~~; @~<

J.

A. Bouknight, Jr.

Attorney for Florida Power 6 Light Company JABjr/jg cc:

Service List

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATONIC SAFE Y AND LICENSING BOA'RD In the Matter of Florida Power 6 Light Company (St. Lucie Plant, Unit No.

2)

Docket No.

50-.389A CERTlFICATE OF SERVICE I HEREBY CER IFY that copies of the following:

Letter to Messrs.

Smith, Deale and Lazo from J.A.

Bouknight, Jr, dated December 21,

1979, has been served on the persons shown on the attached list, by hand delivery

• or deposit in the United States mail, properly stamped and.addressed on December 21, 1979.

J.A. Bouknig t, r.

Lowenstein,

Newman, eis, Axelrad G'oll 1025 Connecticut

Avenue, N.N.

$7ashington, D.C.

20036

Alan S. Rosenthal, Esquire Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Jerome E. Sharfman, 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 Ivan W. Smith, Esquire

Chairman, Atomic Safety and Licensing 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 Valentine B. Deale, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington,,D.C.

20555 C.R. Stephens, Supervisor Docketing and Service Station Office of the Secretary of the Commission U. S. Nuclear Regulatory Commission Washington, D.C.

20555 Jerome Saltzman Chief, Antitrust and Indemnity Group U.S. Nuclear Regulatory Commission Washington, D.C.

Samuel J. Chilk Secretary U. S. Nuclear Regulatory Commission Washington, D.C.

20555 William C. Wise, Esquire Law Offices Suite

500, 1200 18th Street, N.

W.

Washington, D. C.

20036 J.

Thomas Gurney, Jr., Esquire

Gurney, Gurney

& Handley, P. A.

The Gurney Building 203 North Magnolia Avenue Orlando, Florida 32802 Robert A. Jablon, Zsquire Spiegel

& 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 Fredric D. Chanania, Esquire Counsel for NRC Staff U.S. Nuclear Regulatory Commission Washington, D.C.

20555

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