ML17209B080
| ML17209B080 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 05/13/1981 |
| From: | Green D FLORIDA POWER & LIGHT CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Smith I Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-A, NUDOCS 8105200272 | |
| Download: ML17209B080 (7) | |
Text
.4. f ROBERT LOWCNSTCIN ACK R, NCWMAN HAROLD F. RCIS MAURICE AXELRAD KATHLCEN H,SHCA J. A. SOVKNIGHT, JR.
MICHAELA. SAVSCR DOUGLAS G. GRCEN LAW OFFICES LOWENSTEIN, NEWMAN, REIS 8c AXELRh.D IO2S CONNECTICUT AVENUES N. W.
WASHINGTON'. C. 20036 202
~ 862-8400 May 13, 1981 E. GRCGORY SARNCS ALSCRT V. CARR, JR ANNE W. COZTINGHAM KATHLECN A. COX ROSCRT H,CVLP PETER G. FLYNN STCVCN P. FRANTZ FREDERIC S. GRAY ALVIN H. GVTTCRMAN DAVIDG. POWCLL DAVID S. RASKIN DONALD J SILVERMAN ADM. KCN.
BY HAND
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Ivan W. Smith, Esquire Chairman U.S. Nuclear Regulatory Commission Washington, D.C.
20555 DOCKETED UsNRc MAY g4198)
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2 Office of t'e Sccrctae Docketing & Service Branch C>
Re:
In the Matter of Florida Power
& Light Company (St. Lucie Plant, Unit No. 2),
Docket No. 50-389A
Dear Chairman Smith:
Late yesterday afternoon the undersigned, counsel for Applicant Florida Power
& Light Company (FPL), received a
copy of a letter from counsel for Parsons
& Whittemore, Inc.
(P&W) and its subsidiary Resources
- Recovery, Inc.
(RRD),
recent joint Petitioners for late intervention in the above-identified proceeding.
The topic of the letter, insofar as it bears on this proceeding, is Petitioners'ntention to respond to FPL's filing of May 9, 1981."/
On that date FPL filed an Application for Issuance of Subpoenas which seeks
+/
Petitioners have filed two virtually identical petitions to intervene on antitrust grounds, the first in the operat-ing license health and safety environmental proceeding (Docket No.
50-389 OL) and the other in the instant pro-ceeding (Docket No. 50-389A).
FPL has responded to the petition filed in the operating license proceeding, and has pointed out that that petition is deficient sub-stantively, procedurally, and factually.
Response
dated l)~~
May 7, 1981.
Petitioners'etter states that Petitioners intend to file some undefined form of motion for extension i/~
of time in the operating license proceeding as well as in this case.
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LOWE N STEIN> NEWMAN&>RE IS 8C AX AD Ivan W. Smith, Esquire May 13, 1981 to probe the basis of the principal factual representations upon which the late petition is predicated.
The Application was accompanied by a Motion for Extension of Time to permit the subpoenas to be fruitfully executed.
In counsel's letter, Petitioners now state that they will resist the discovery into the factual representations in their petition sought by FPL, and that they will move the Board for an extension of time to permit formulation of such an argument."/
On this
- basis, the letter requests the Board to defer any action on FPL's Application for Issuance of Subpoenas or its accompanying motion.
Because this request is plainly counterproductive, and because Petitioners'etter is not clear on the procedures Petitioners apparently are following, FPL submits this brief response.
It is FPL's position that the requested subpoenas should be issued without delay.
Under NRC rules subpoenas are ordinarily issued on an ex parte basis.
10 C.F.R. 5 2.720.
The rules provide procedures wheere ay parties may obtain protective orders against such subpoenas -- if they can be demonstrated to be unreasonable.
Id.
The process has two parts:
(1) issuance of the subpoenas and (2) resolution of any motions for protection.
The first stage ordinarily does and should proceed without delay.
The second stage is ordinarily resolved in an expeditious fashion by the licensing tribunal.
Petitioners now seek delay both in issuing the subpoenas and (via their motion for an extension of time) in addressing the question of whether the subpoenas are reasonable.
Such two-staged delay would be without basis in any instance, but, is particularly inappropriate here where it is sought in order to block factual inquiry into a patently untimely petition.
For these
- reasons, FPL believes that the requested subpoenas should be issued forthwith.
When Petitioners file their motion, the Board may, in its discretion, set up expeditious procedures to deal with any request for protective orders that motion may contain.
In the
- meantime, however, the subpoenas should issue and be served.
In this way, if the Board concurs with FPL that the petitions should be disposed of on an informed record and does not accept
"/
The letter advised that the motion for such an extension of time would be filed late yesterday or today.
e=
LowENsTEIN NEMAN, REIs & Ax AD
'H Ivan W. Smith, Esquire May 13, 1981 Petitioners'rguments to resist discovery, that discovery may proceed without delay.
e ectfu 1
s bmitted, g
G. Green ounsel for Florida Power
& Light Company DGG:lkf cc:
Service List
UN ED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of FLORIDA POWER
& LIGHT COMPANY (St. Lucie Nuclear Power Plant, Unit No. 2.)
)
)
)
Docket No. 50-389-OL
)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of letter to Ivan W. Smith, Esquire from Douglas G. Green were served by hand delivery
- or by deposit in the U.S. Mail, first class postage
'I prepaid this 13th day of May, 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 Commission Washington, D.C.
20555 Atomic Safety and Licensing Board 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
'oseph
- Rutberg, Esquire Lee Scott Dewey, Esquire Fredric D. Chanania, Esquire Counsel for NRC Staff U.S. Nuclear Regulatory Commi ss ion Washington, D.C.
20555
- Ann P.
- Hodgdon, Esquire Office of the Executive Legal Director 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, Esquire
- Chandler, O'Neal, Avera, Gray
& Stripling Post Office Drawer 0
Gainesville, Florida 32602 Janet Urban, Esquire U.S. Department of Justice P.O.
Box 14141 Washington, D.C.
20044 DATED: May 13, 1981 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'illiams 301 South 6th Street P.O.
Box 1418 Fort Pierce, Florida 33450 Helen Shea Wells 93 El Mar Drive Jensen Beach, Florida 33457
- George R. Kucik, Esquire Mare Gary, Esquire Ellen E.
Sward, Esquire Arent, Fox, Kintner, Plotkin
& Kahn 1815 H Street, N.W.
Washington, D.C.
20006 u
as
. Green owenstein,
- Newman, Reis Axelrad 1025 Connecticut
- Avenue, N.W.
Washington, D.C.
20036 (202) 862-8400
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