ML17209B052
| ML17209B052 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 05/12/1981 |
| From: | Hodgdon A, Volger B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-A, NUDOCS 8105130271 | |
| Download: ML17209B052 (5) | |
Text
UNITED STATES OF At1ERICA NUCLEAR REGULATORY CO>111ISSION BEFORE THE ATOt1IC SAFETY AND LICENSING, BOARD In the 11atter of FLORIDA POWER 8( LIGHT C011PANY (St.
Lucie Plant, Unit No.
2)
NRC Docket No. 50-389A NRC STAFF ANSWER TO FLORIDA CITIES'OTION TO LODGE A DOCU)1ENT I.
INTRODUCTION On April 22, 1981, Florida Cities moved to lodge with this Board a
document alleged by the Cities to be "relevant to liability standards associated with NRC - issued licenses."
The document filed is a Notice of Violation and Proposed Imposition of Civil Penalty against the Applicant, Florida Power and Light,issued by the Nuclear Regulatory Commission on February 18, 1981.
For the reasons set forth below, the Staff believes that the motion should be denied.
II.
DISCUSSION'n April 24, 1981, this Board issued a
11emorandum and Order approving the Settlement Agreement proposed by the Department of Justice, NRC Staff, and Applicant and making the license conditions immediately effective.
The Board treats "the liability provisions" of the Settlement Agreement at pages 7-9 of the Order, concluding that "the liability provisions would appear to have mainly commercial significance, and in a commercial context they would appear to be not unreasonable on their face."
At 9.
4 ll
-)((zi.
.,g>g gX~
y4j The Board concluded its Order by indicating that the initiative to proceed with litigation rests with the Cities who "shall file any motion for further relief in this proceeding within thirty days of the date of this order."
At 13.
In the event Cities desire to pursue further the matter they sought to bring to the Board's attention by their t1otion to Lodge, they will have an opportunity to urge the relevance of this document in the context of any motion filed pursuant to the Board's Order.
III.
CONCLUSION For the reasons discussed, Florida Cities'1otion to Lodge should be denied.
/
Respectfully su mit d,
4'enjamin H. Yogler Deputy Director Antitrust Division Dated at Bethesda, Maryland this 12th day of Hay, 1981.
Ann P.
Hodgdon Counsel for NRC Staff
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
FLORIDA POWER
& LIGHT COMPANY
)
(St. Lucie Plant, Unit No. 2)
)
NRC Docket No. 50-389A CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF ANSWER TO FLORIDA CITIES'OTION TO LODGE A DOCUMENT in the above-captioned proceeding have been served on.
the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the'uc'lear Regulatory.Com-mission's internal mail system, this 12th day of May, 1981.
Ivan W. Smith, Esq.,
Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Michael A. Duggan, Esq.
Administrative Judge College of Business Administration University of Texas Austin, Texas 78712 Robert M. Lazo, Esq.
Administrative Judge
.Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washin'gton, D.C.
20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Argil L. Toal ston, Acting Chicf Utility Finance Branch U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Thomas Gurney, Sr.,
Esq.
203 North Magnolia Avenue Orlando, Florida 32802 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Tracy Danese, Esq.
~ Vice President for Public Affairs F'lorida Power
& Light Company P.O.
Box 013100 Miami, Florida 33101 Jack W. Shaw, Jr
, Esq.
John E. Mathews, Jr.,
Esq.
- Mathews, Osborne, Ehrlich, McNatt, Gobelman
& Cobb 1500 American Heritage Life Building ll East Forsyth Street Jacksonville, Florida 32202 Robert E. Bathen Fred Saffer R.W. Beck
& Associates P.O.
Box 6817 Orlando, Florida 32803 Robert A. Jablon, Esq.
Alan J. Roth, Esq.
Spiegel
& McDiarmid 2600 Virginia Avenue, N.W.
Washington, D.C.
20037
William H. Chandler, Esq.
- Chandler, O'Heal, Avera, Gray, Land 5 Stripling Post Office Drawer 0 Gaines ville, Florida 32602 William C. Wise, Esq.
Suite 500 1200 'l8th Street, N.W.
Washington, D.C.
20036 Daniel H. Gribbon, Esq.
Herbert Dym, Esq.
Joanne B. Grossman, Esq.
Covington 5 Burling 888 Sixteenth Street, N.M.
Washington, D.C.
20006 Peter G. Crane, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Janet
- Urban, Esq.
P. 0.
Box 14141 Washington, D.C.
20044 Donald A. Kaplan, Esq.
Robert Fabrikant, Esq.
Antitrust Division U.S.
Department of Justice Washington, D.C.
20530 J.A. Bouknight, Jr.,
Esq.
E. Gregory Barnes, Esq.
Lowenstein, Newman, Reis, Axelrad
& Toll 1025 Connecticut
- Avenue, N.W.
Washington, D.C.
20036 Counsel for NRC Staff