ML17209B265
| ML17209B265 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 06/12/1981 |
| From: | Bouknight J FLORIDA POWER & LIGHT CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-A, NUDOCS 8106190328 | |
| Download: ML17209B265 (6) | |
Text
FPL:6/12/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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FLORIDA POWER
& LIGHT COMPANY
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(St. Lucie Plant, Unit No.
2)
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Docket N ~0-389A Dated:6/
81 Docketed
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Ofhce of the Sec Dgketby 8, g~'OTION OF FLORIDA POWER
& LIGHT COMPANY FOR RESUMPTION OF DISCOVERY
lorida Power
& Light Company (FPL) respectfully moves that the Board order the resumption of discovery, which has been in suspension since the'Board ordered discovery suspended on November 6, 1979.
There are interrogatories outstanding to both the Cities and FPL.
Document discovery of Cities which are not party to the civil antitrust action pending in the U.S. District Court in Miami, including the City of Lake Helen and the Florida Municipal
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Utilities Association (FMUA) has not been completed.
In addition, after the answers to interrogatories are received, it is certain that depositions will be required, as parties can be expected to designate witnesses who have not been deposed in the District Court litigation.
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FPL believes that it is entitled to discovery of the memSprs of FMUA, and Cities can hardly contest the point, as they<
persist in claiming that FMUA's members who are not named 6'arties are participants in this proceeding "through FMUA".
~.ct., Motion of City of Quincy to Withdraw from These Proceedings as an Individually-Named Party (Aug. 1, 1977); Preliminary Conference, T. 253-255 (Sept.
19, 1978)
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As the Board was informed during a telephone conference call yesterday, the Cities have not given their assent to a s'tip-ulation requested by FPL which would provide that the operating license for St..Lucie Unit No.
2 could be issued notwithstanding the pendency of antitrust proceedings.
FPL expects that it. will need an operating license in order to load fuel in October of 1982.
Given the unwillingness of the Cities to give any assurance that they will not delay operation of the plant (even though some of them are entitled to shares of the plant),
FPL submits that the public interest would be served by proceeding with discovery at t.'..is time.
WHEREFORE, FPL requests that the Board order that discovery be resumed and that the Cities and FPL be directed to respond to the outstanding interrogatories by.August 31, 1981.
Respectfully submitted,
.A. Bouknight, Jr.
owenstein,
- Newman, Reis 6 Axelrad 1025 Connecticut Avenue, N.W.
Washington, D.C.
20036 Herbert Dym Covington 6 Burling 888 16th Street, N.W.
Washington, D.C.
20006 DATED:
June 12, 1981
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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)
FLORIDA POWER
&. LIGHT COMPANY
)
(St. Lucie Plant, Unit No.
2)
)
Docket No. 50-389A t
CERTIFICATE OF SERVICE 1 hereby certify that coPies of "MOTION OF FLORIDA POWER
& LIGHT COMPANY FOR RESUMPTION OF DISCOVERY" was served by hand delivery* or by deposit in the U.S. Mail, first class, postage prepaid this 12th day of June, 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 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
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Washington, D.C.
20555 Thomas Gurney, Sr., Esquire 203 North Magnolia Avenue Orlando, Florida 32802 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Robert E. Bathen Fred Saffer R.W. Beck
& Associates P.O.
Box 6817 Orlando, Florida 32803
- Robert A. Jablon, Esquire Alan J. Roth, Esquire 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
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- 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 Joseph
- Rutberg, Esquire Lee Scott Dewey, Esquire Fredric D. Chanania, Esquire Counsel for NRC Staff U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Charles R.P.
Brown, Esquire Brown, Paxton and Williams 301 South 6th Street P.O.
Box 1418 Fort Pierce, Florida 33450
- Benjamin H. Vogler U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Ann P.
- Hodgdon, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- George R. Kucik, Esquire Mare Gary, Esquire Ellen'.
- Sward, Esquire Arent, Fox, Kintner, Plotkin a
Kahn'815 H. Street, N.W.
Washington,,D.C.
20006 Richard S.
- Salzman, Esquire Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear 'Regulatory Commission Washington, D.C.
20555 J.A.
Bo knzg t, Jr.
owenstein,
- Newman, Reis
& Axelrad 1025 Connecticut Avenue, N.W.
Washington, D.C.
20036 (202) 862-8400 DATED:
June 12, 1981
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