ML17209A963
| ML17209A963 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 04/15/1981 |
| From: | Bouknight J, Dym H COVINGTON & BURLING, FLORIDA POWER & LIGHT CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8104230358 | |
| Download: ML17209A963 (5) | |
Text
~[~d )$ 3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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FLORIDA POWER
& LIGHT COMPANY
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(St. Lucie Plant, Unit No. 2)
)
Docket No.
- -389' (6~,
ANSWER THE FLORIDA CI IES PETITION INTERVENE AND REQUEST FOR CONSOLIDAT CA '/
MOTION OF FLORIDA POWER
& LIGHT COMPA FOR AN EXTENTION OF TIME TO I
on April 7,
- 1981, a group of Florida Cities
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document entitled "Petition to Intervene and Request fo 4>
Consolidation" in a matter styled Florida Power
& Light Co.
(St. Lucie Plant Unit No. 2),
NRC Docket No. 50-389A.
Florida Power
& Light Company (FPL) hereby requests a
thirty-day extension of time until May 22, 1981, to file its Answer to the Cities'etition.
The procedural status of the Cities'etition is by no means clear.
The Petition was submitted in Docket No. 50-389A, the pending construction permit antitrust proceeding, and, to the extent that it seeks any relief, relates to antitrust issues.
Yet.it was apparently filed in response to the notice published in the Federal Re ister on March 9, 1981, in Docket No. 59-389-0L, the instant health and safety/environmental operating license
"/
The Petition was filed by the Gainesville Regional Utilities, the Lake Worth Utilities Authority, the Utilities Commission of New Smyrna
- Beach, the Sebring Utilities Commission, and the Cities of Alachua, Bartow, Fort Meade, Homestead, Kissim-
- mee, Mount Dora, Newberry, St. Cloud, Starke, and Tallahassee, Florida.
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application proceeding, which does not. encompass antitrust questions.
In fact, the Commission has not acted pursuant to Section 105c(2) of the Atomic Energy Act to initiate any antitrust review in connection with the operating license application, and, therefore, no such proceeding is pending
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before the Commission.
Accordingly, and pursuant, to the Commission's Notice dated April 9,
- 1981, FPL addresses this motion, and intends to address its answer to the Cities'etition,to 4 */
this Board.
The Petition filed by the Cities is voluminous.
Including the appendices, the document exceeds 600 pages in length.
Due to the press of other business, FPL needs additional time to complete its review of the Petition and to prepare its Answer.
Absent an extension of time, FPL's answer would be due on A**/
April 22, 1981.
FPL therefore requests an additional thirty days until Nay 22, 1981, to file its answer.
As noted above, and as the Petition acknowledges, an anti-trust hearing ordered in connection with the construction permit proceeding for St. Lucie Unit No.
2 is still in progress before an Atomic Safety and Licensing Board.
The Notice, entitled "Establishment of Atomic Safety and Licensing Board to Preside in Proceeding,"
established this Board inter alia "to rule on petitions for leave to intervene."
Notice, dated April 9, 1981.
Pursuant to Section 2.714(c),
a party is permitted ten days after service of a petition to leave to intervene to file its answer.
Section 2.710 allows a party five additional days
- when, as in this instance, service was made by mail.
The Cities'etition was served on April 7, 1981.
Thus, absent an extension of time, FPL's Answer would be due no later than April 22, 1981.
Granting this extension of time will not in any way affect, the expeditious resolution of this operating licens'e application.
The Cities request no action on behalf of the Com-mission but purport to have filed their pleading "solely as a
protective matter" to be certain of preserving their position in the construction permit antitrust proceeding now on-going.
- Indeed, the Cities'etition opines that any further proceedings "should be unnecessary."
(Petition at 2).
FPL has conferred with counsel for the Cities and is authorized to report that the Cities do not oppose granting of the extension of time requested in this Notion.
Respectfully submitted, By:
ou night, r.
Doug as G. Green Lowenstein,
- Newman, Reis
& Axelrad 1025 Connecticut
- Avenue, N.W.
Washington, D.C.
20036 Herbert Dym, Esquire Covington
& Burling 888 16th Street, N.W.
Washington, D.C.
20006 Attorneys for Florida Power Light Company
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of FLORIDA POWER
& LIGHT COMPANY (St. Lucie Plant, Unit No.
2)
)
)
)
Docket No. 50-389-OL
)
CERTIFICATE OF SERVICE I hereby certify that copies of "Motion Of Florida Power
& Light Company For An Extension Of Time To Answer The Florida Cities'etition To Intervene And Request For Consolidation" were served'y hand delivery
- or by deposit in the U.S. Mail, first class postage prepaid this 15th day of April, 1981.
Ivan W. Smith, Esquire Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Robert M. Lazo, Esquire Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Michael A. Duggan, Esquire College of Business Administration University of Texas Austin, Texas 78712
- William D. Paton, Esquire Counsel for NRC Staff U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Elizabeth S.
- Bowers, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Dr. Peter A. Morris Atomic. Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Oscar H. Paris Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Station Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Jerome
- Saltzman, Chief Antitrust
& Indemnity Group U.S. Nuclear Regulatory'ommission Washington, D.C.
20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Joseph
- Rutberg, Fsquire Lee Scott Dewey, Esquire Fredric D. Chanania, Esquire Counsel for NRC Staff U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Richard S.
- Salzman, Esquire Atomic Safety and Licensing Appeal Boaid Panel U. S. Nuclear Regulatory Commission Washington, D.C.
20555
Thomas Gurney, Sr., Esquire 203 North Magnolia Avenue Orlando, Florida 32802 Robert E. Bathen Fred Saffer R.W.
Beck
& Associates P.O.
Box 6817 Orlando, Florida 32803 George Spiegel, Esquire Robert Jablon, Esquire Daniel Guttman, Esquire Spiegel
& McDiarmid 2600 Virginia Avenue, N.W.
Washington, D.C.
20037 William C. Wise, Esquire Suite 500 1200 18th Street, N.W.
Washington, D.C.
20036 William H. Chandler, Fsquire
- Chandler, O'Neal, Avera, Gray
& Stripling Post Office Drawer 0
Gainesville, Florida 32602 Janet Urban, Esquire P.O.
Box 14141 Washington, D.C.
20044 Donald A-Kaplan, Esquire Robert Fabrikant, Esquire Antitrust Division U.S. Department of Justice Washington, D.C.
20530 Charles R.P.
Brown, Esquire Brown, Paxton and Williams 301 South 6th Street P.O.
Box 1418 Fort Pierce, Florida 33450 DATED: April 15, 1981 u
as G.
re n
Lowenstein,
- Newman, Reis
& Axelrad 1025 Connecticut
- Avenue, N.W.
Washington, D.C.
20036 (202) 862-8400