ML17212A259
| ML17212A259 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 05/08/1981 |
| From: | Bouknight J FLORIDA POWER & LIGHT CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML17212A260 | List: |
| References | |
| ISSUANCES-A, NUDOCS 8107060150 | |
| Download: ML17212A259 (7) | |
Text
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e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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~Cg In the Matter of FLORIDA POWER
& LIGHT COMPANY (St. Lucie Plant, Unit No.
2)
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Docket No.
50-389A MOTION OF FLORIDA POWER
& LIGHT COMPANY FOR EXTENSION OF TIME TO ANSWER THE "PETITION TO INTERVENE AND REQUEST FOR HEARING" FILED OUT OF TIME BY PARSONS
& WHITTEMORE, INC., AND RESOURCES RECOVERY
( DADE COUNTY) g INC ~ g ORg IN THE ALTERNATIVE, FOR PERMISSION TO MAKE A SUPPLEMENTAL FILING WITH RESPECT TO THAT RESPONSE On April 24,
- 1981, Parsons
& Whittemore, Inc., and its subsidiary, Resources Recovery (Dade County), Inc., filed a document, entitled "Petition for Leave to Intervene and Request for Hearing" (Petition).
Florida Power
& Light Company's (FPL) response to the Petition is now due May ll, 1981.
FPL hereby requests an extension of time to file its response to that Petition as set forth below, or,, in the alternative, permission of the Board to supplement its response.
The Petition is the second filing recently made by Petitioner whereby it seeks to intervene in an NRC licensing proceeding to raise antitrust issues respecting St. Lucie Unit No. 2.
The first such request was filed in the pro-ceeding which will deal with health,
- safety, and environmental issues associated with the operating license for St. Lucie Unit No. 2.
Because in that request Petitioner made certain
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allegations with respect to its relationship and dealings with FPL, but omitted material facts bearing on those allegations, FPL requested an extension of time to file its response in order to supply to the Commission the pertinent facts.
FPL's attempts to determine the facts underlying Petitioner's assertions have been considerably hindered because FPL had not had access to certain documents, includ-ing contracts and amendments
- thereto, which would clarify questions with respect to Petitioner's interest.
- However, in its response filed in the operating license proceeding (and served on this Board)
FPL was able to bring to the NRC's attention certain facts which raise serious questions as to whether Petitioner can maintain a legitimate interest with respect to the subject matter of this or any proceeding before the NRC.
Some of the contracts involved appear to be contracts between and among Petitioner, its various subsidiaries and/or affiliates, and Metropolitan Dade County, Florida.
Disputes under those contracts led to the recent filing of suit by Dade County against Petitioner in the U. S. District Court for the Southern District of Florida.
A copy of that Com-plaint is Attachment A.
FPL's counsel of record in this proceeding and its in-house counsel only this week obtained and examined that Complaint and thus became aware of the apparent existence of additional contracts between and among Petitioner and its
3 various subsidiaries and Dade County. It appears that, if the facts alleged with respect to the content of these additional contracts are true, such contracts render invalid certain claims of interest upon which Petitioner asserts the right to intervene in this proceeding.
In this regard,
- /
paragraph 27 of the attached Complaint is especially pertinent.
In order to present this Board a full and informed record upon which to dispose of the Petition, FPL is contem-poraneously applying to this Board for subpoenas directing Parsons 6 Nhittemore and its subsidiaries to produce for
'nspection by FPL all relevant contractual documents between and among Petitioner, its various subsidiaries, Dade County and FPL, along with documents which affect or relate to these contracts.
However, it will not be until FPL has had an opportunity to examine those documents that it will with confidence be able to present this Board with an accurate and complete picture of the factual situation which under-lies Petitioner's claims.
Therefore, for the reasons set forth above, FPL respect-fully requests this Board to grant it an extension of time to respond to the Petition until 10 days after the requested subpoenas have been fully complied with.
In the alternative,
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The attached Complaint indicates that many of the docu-ments referred to therein are included in the court papers as exhibits to various pleadings.
- However, as the Order attached hereto as Attachment B reveals, these materials were released from the court's files with permission of the court.
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should the Board decide not to grant this motion, FPL requests this Board to issue an order which will permit FPL, after reviewing the documents supplied in compliance with the requested subpoenas, to file a pleading which supplements its response to the Petition, which is now due on May ll, 1981.
spectfully submitted, A. Bouknight, Jr.
owenstein,
- Newman, Reis
& Axelrad 1025 Connecticut Avenue, N.
W.
Washington, D. C.
20036 Herbert Dym Covington 6 Burling 888 16th Street, N. W.
Washington, D.
C.
20006 Attorneys for Florida Power S
Light Company
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~V g UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
.)
)
FLORIDA POWER 6 LIGHT COMPANY
)
)
(St. Lucie Plant, Unit No.
2)
)
Docket No.
50-389A I hereby certify that copies of the foregoing Motion of Florida Power
& Light Company for Extension of Time, dated May 8, 1981, were served upon the following persons, by hand
- or by deposit in the United States Mail, first, class postage prepaid, this 8th 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 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 Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Jerome
- Saltzman, Chief Antitrust 6 Indemnity Group U.S. Nuclear Regulatoxy Commission Washington, D. C.
20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, C.
C.
20555 Richard S.
- Salzman, Esquire Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D. C.
20555
- Joseph Rutberg, Esquire Lee Scott Dewey, Esquire Fredric D. Chanania, Esquire Counsel for NRC Staff U.S. Nuclear Regulatory Commission Washington, D. C.
20555
2
- Ann P. Hodgdon, Esquire Office of the Executive Legal Director U. S. Nuclear Regula tory Commis sion Washington, D. C.
20555 Thomas Gurney, Sr., Esquire 203 North Magnolia Avenue Orlando, Florida 32802 Robert E. Bathen Fred Saffer R.
W. Beck 6 Associates P.
O. Box 6817 Orlando, Florida 32803 George Spiegel, Esquire Robert Jablon, Esquire
,Daniel Guttman, Esquire Spiegel 6 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 s Stripling Post Office Drawer 0
Gainesville, Florida 32602
- Janet, Urban, Esquire U.S. Department of Justice 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 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 DATED:
May 8, 1981
. A. Bouknight, Jr.
o enstein,
- Newman, Reis Axelrad 1025 Connecticut. Avenue, N.
W.
Washington, D. C.
20036 (202) 862-8400