ML17209A371
| ML17209A371 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 11/21/1980 |
| From: | Dewey L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Bouknight J, Dym H, Urban J AFFILIATION NOT ASSIGNED, COVINGTON & BURLING, LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| References | |
| ISSUANCES-A, NUDOCS 8011260016 | |
| Download: ML17209A371 (4) | |
Text
C UNITED STATES CLEAR REGULATORY COMMlSSIO)v Y/ASHINGTON, O. C. 20555 November 21, 1980 J.A. Bouknight, Jr.,
Esq.
Lowenstein, Newman, Reis, Axelrad
& Toll 1025 Connecticut
- Avenue, N.'W.
Washington, D.C.
20036 Herbert Dym, Esq.
Covington
& Burling 888 Sixteenth Street, N.M.
Washington, D.C.
20006 Janet R. Urban, Esq.
P.O.
Box 14141 llashington, D.C.
20044 Re:
Florida Power
& Light Company, (St. Lucie Plant, Unit No. 2),
Docket No. 50-389A Gentlepersons:
Pl 4/l 1m'1 <
At our November 18, 1980 meeting Lon Bouknight suggested certain chai'ges ~.
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in the language of FP&L's proposed commitment'regarding the control S~-
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vision in Section VII(i) of the license conditions Enclosed is a
of what I understand this new language to be, together with severa'piper-Q lined minor changes that hopefully will help clarify the intent of %Q-'
commitment.
I believe we should be in contact during the we k of November 24, 198%Co determine whether each of us is in agreement with respect to this commit-'ent.
Yours truly, Lee Scott Dewey
. Counsel for NRC Staff Enclosure
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0 Additional FPKL Commitment a
If in the future Company enters into a new participation agreement or an amendment to a participation agreement previously entered into pursuant to Section VII of the ro osed license conditions which contains contractual provisions which conflict with the principles of [paragraph (i) of this Section] Section VII, ara ra h i) of the ro osed conditions submitted to the Licensin Board on Se tember 12, 1980, and such provisions are included in such new participation agreement as a result of a final order of the NRC which is no longer subject to appeal and which (a) modifies or deletes para-graph (i) and (b) requires that such contractual provisions be included in such new agreement,
- Company, upon request of the other par ty to a participation agreement previously entered into pursuant to thisSection VII (prior partici-pation agreement),
will consent to amend such prior participation agreement to substitute such provisions of such new agreement for the conflicting pro-visions in such prior participation agreement; provided that Company may, at
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its option, incorporate in such amendment all other substantive terms of such new agreement which differ from the terms of the prior Participation Agreement, including but not limited to provisions for conveyance of an ownership interest which is less as a percentage of such party's 1977 peak electric load than was originally conveyed in such prior Participation Agreement (in which event Company may include provisions for reconveyance of the excess to Company).
This provision is not intended to effect any authority which the NRC may possess independent of this paragraph or to limit the right of any party to take any legal position on the extent of such authority.
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