ML17209A968
| ML17209A968 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 04/16/1981 |
| 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 8104230548 | |
| Download: ML17209A968 (6) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g
pppKETED uswl:
APR 17 1981>
pfffco of tho SGNGf8lg Ooclitlag 58etQ 8rattch In the Matter of FLORIDA POWER
& LIGHT COMPANY (St. Lucie Plant, Unit No.
2)
)
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)
Docket No. 50-389 OL
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MOTION OF FLORIDA POWER
& LIGHT COMPANY
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FOR AN EXTENSION OF TIME TO ANSWER THE G
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PETITION TO INTERVENE AND REQUEST FOR HEARIN OF PARSONS AND WHITTEMORE, INC.
On April 7,
- 1981, Parsons and Whittemore, Inc. and its subsidiary Resources
- Recovery, Inc. [referred to herein to-gether as "P&W"], filed a document entitled "Petition to Intervene and Request for Hearing" in the above-captioned operating license proceeding.
Florida Power
& Light Company
["FPL"] hereby requests a fourteen-day extension of time until May 6, 1981, to file its Answer to this Petition.
The Petition, on its face, is defective procedurally.
It seeks "a limited antitrust hearing,"
and professes to raise antitrust issues.
Yet it was filed in response to the notice published in the Federal Re ister on March 9, 1981, in Docket No. 50-389, which does not pertain to the antitrust aspects of the application.
The Commission has not acted pursuant to Section 105c(2) of the Atomic Energy Act to initiate any anti'trust review in connection with this operating license application, and, therefore, no such 8104230+/+'
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proceeding is pending before the Commission or any of its
- /
subsidiary tribunals.
Tne procedural irregularities of the petition plainly suffice to require its dismissal, and ordinarily FPL would merely file an Answer so noting.
A more detailed response is here made necessary because P&W inserted in its petition various allegations as to its.relationship and dealings with FPL but has omitted material facts bearing on these allegations.
Zn
- addition, the petition misstates the effect of the settlement proposal at issue in the pending construction permit proceeding.
FPL believes that the public record should not be left in this distorted and incomplete state, even in the wake of a patently defective petition.
A modest extension of fourteen 4*/
days, i.e., until May 6, 1981, accordingly is requested to enable'PL to supply to the Commission the pertinent facts concerning the petition to facilitate its disposition on an
"/
As petitioner acknowledges, an antitrust 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, and a settlement proposal has been agreed to among the applicant, the
- Staff, and the Department of Justice.
Pursuant to Section 2.714 (c),
a party is permitted ten days after service of a petition for leave to intervene to file its answer.
Section 2.710 allows a party five additional days
- when, as in this instance, service is made by mail.
The Cities'etition was served on April 7, 1981 'hus, absent an extension of time, FPL's Answer would be due no later than April 22, 1981-
informed record.
The brief extension of time sought here will in no way delay She expeditious resolution of this operating license application.
Respectfully submitted, By-nx t, Jr Douglas G.
Green Lowenstein,
- Newman, Reis
& Axelrad 1025 Connecticut
- Avenue, N.W.
Washington, D.C.
20036 Herbert Dym Covington
& Burling 888 Sixteenth Street, N.W.
Washington, D.C.
20006 Attorneys for Florida Power Light Company Dated:
April 16, 1981
0 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COhiMISSZON Zn 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 Petition To Intervene And Request For Hearing Of Parsons And Whittemore, Inc."
were served by hand delivery
- or by deposit in the U.S. Mail, first class postage prepaid this 16th day of April, 1981, to the following:
- William D. Paton, Esquire Counsel for NRC Staff
~
V. 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
- George R. Kucik, Esquire Arent, Fox, Kintner, Plotkin Kahn Federal Bar Building 1815 H Street, N.W.
Washington, D.C.
20006
- Dr. Oscar H. Paris Atomic Safety and Licensing Board Panel U. S. Nuclear Regula tory Commission Washington, D.C.
20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.C.
20555
- Joseph
- Rutberg, Esquire Counsel for NRC Staff U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Michael C. Farrar, Esquire Chairman Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dated:
April 16, 1981 Lowenstein,
- Newman, Reis
& Axelrad 1025 Connecticut
- Avenue, N.W.
Washington, D.C.
20036 (202) 862-8400