ML17212A403

Answer to Metropolitan Dade County,Fl 810709 Petition to Intervene.Petition Should Be Denied.Commercial Dispute Has No Connection W/Const or Operation of Facility.Certificate of Svc Encl

ML17212A403
Person / Time
Site:	Saint Lucie
Issue date:	07/24/1981
From:	Bouknight J FLORIDA POWER & LIGHT CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-A, NUDOCS 8107280091
Download: ML17212A403 (6)

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8 ~M~lpS y,S UNITED STATES OF AMERICA Og NUCLEAR REGULATORY COMMISSION +oo FORE THE ATOMIC SAFETY AND LICENSING BOARD g

In the Matter of )

) Cy FLORIDA POWER & LIGHT COMPANY ) Docket No. 50-389A

) QL (St. Lucie Plant, Unit No. 2) ) Dated: July 24, 1981 ANSWER OF FLORIDA POWER & LIGHT COMPANY TO PETITION TO INTERVENE BY METROPOLITAN DADE COUNTY, FLORIDA On July 9, 1981, Metropolitan Dade County, Floziclh>>

[Dade County] filed a late Petition to Intervene in the above identified proceeding. Dade County seeks intervention "only if the Commission permits RRD [Parsons & Whittemore 's subsidiary]

or any related company to intervene in the proceeding. II Florida Power & Light Company respectfully opposes this Petition.

Dade County's sole expressed interest is in the matters raised by Parsons & Whittemore, Inc. and its subsidiaries

[P&W]. Therefore, Dade County's Petition necessarily suffers from the same infirmities inherent in the late Petition of P&W, and FPL opposes the Petition on those grounds.

Moreover, it is plain that in its potential effect on this proceeding, Dade County's Petition amplifies these infirmities. The County states that its basis for seeking intervention is to "protect . . . its rights relating to a solid waste resource recovery project, pursuant to contracts between Dade County and [P&W's subsidiaries] . . . and a related agreement between Dade County and Florida Power & Light 8i0728009i 8i0724 ~go'L PDR ADOCK 5 M

05000389 PDR

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Company." (Petition at 1). In other words, Dade County per-ceives that the admission of P&W into this proceeding to litigate the matters raised in its Petition could impinge upon the entire commercial relationship among Dade County, P6W and its subsidiaries, and FPL, and it wishes to make its factual and legal presentation regarding that dispute, too. FPL does not criticize the County for seeking to protect itself under these circumstances; its concern, in FPL's view, is quite understandable. However, the County's Petition above all serves to underscore the depth of the factual and legal compli-cations inherent in the matter, and the manner in which those complications will proliferate upon the admission in this proceeding of P&W, Dade County, and other parties which may have a stake in what is essentially a commercial dispute -- one which has no connection whatever with either the construction or operation of St. Lucie Unit No. 2.

For these reasons and the reasons briefed and argued to the Board on July 20, the County's late Petition, and that of Parsons & Whittemore and subsidiaries, should be denied.

Respectfully submitted.

A ~ B n g , Jr.

oug as G. G reen Lowenstein, Newman, Reis 6 Axelrad 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 Herbert Dym Covington & Burling 888 16th Street, N.W.

Washington, D.C. 20006 Attorneys for Florida Power 6 Light Company

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

FLORIDA POWER & LIGHT COMPANY ) Docket No. 50-389A (St. Lucie Plant, Unit No. 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "Answer of Florida Power & Light Company to Petition to Intervene by Metropolitan Dade Cou'nty, Florida" were served upon the following persons by hand delivery* or by deposit in the U.S. Mail, first class postage prepaid, this 24th day of July, 1981:

• Peter B. Bloch, Chairman *Benjamin H. Vogler, Esquire Atomic Safety and Licensing Board *Ann P. Hodgdon, Esquire U. S. Nuclear Regulatory Commission Counsel for NRC Staff

. Washington, D.C. 20555 ,U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Robert M. Lazo, Esquire Atomic Safety and Licensing Board Richard S. Salzman, Esquire U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board Panel U. S. Nuclear Regulatory Commission Michael A. Duggan, Esquire Washington, D.C. 20555 College of Business Administration University of Texas Jerome Saltzman, Chief Austin, Texas 78712 Antitrust & Indemnity Group U.S. Nuclear Regulatory Commission

• Ivan W. Smith, Esquire Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Janet Urban, Esquire Washington, D.C. 20555 U.S. Department of Justice P. O. Box 14141

• Docketing and Service Station Washington, D.C. 20044 Office of the Secretary U.S. Nuclear Regulatory Commission Donald A. Zaplan, Esquire Washington, D.C. 20555 Robert Fabrikant, Esquire Antitrust Division Atomic Safety and Licensing Board U.S. Department of Justice U.S. Nuclear Regulatory Commission Washington, D.C. 20530 Washington, D.C. 20555 Thomas Gurney, Sr., Esquire 203 North Magnolia Avenue Orlando, Florida 32802

Robert E. Bathen Norman A. Coll, Esquire Fred Saffer Steel, Hector 6 Davis R. W. Beck & Associates Southeast First National Bank P. O. Box 6817 Building Orlando, Florida 32803 Miami, Florida 33131 George Spiegel, Esquire *Robert R. Nordhaus, Esquire Robert Jablon, Esquire Van Ness, Feldman, Sutcliffe, Alan J. Roth, Esquire Curtis & Levenberg Daniel Guttman, Esquire 1220 19th Street, N.W.

Spiegel 6 McDiarmid Washington, D.C. 20007 2600 Virginia Avenue, N.W.

Washington, D.C. 20037 Reubin O'D. Askew Greenberg, Traurig, Askew, Hoffman, William C. Wise, Esquire Lipoff, Quentel & Wolff, P.A.

Suite 500 1401 Brickell Avenue 1200 18th Street, N.W. Miami, Florida 33131 Washington, D.C. 20036 William H. Chandler, Esquire Chandler, O'Neal, Avera, Gray &

Stripling Post Office Drawer 0 Gainesville, Florida 32602 Charles R.P. Brown, Esquire Brown, Paxton and Williams 301 South 6th Street P. O. Box 1418 Fort Pierce, Florida 33450

• 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 g s G. Green Lowenstein, Newman, Reis & Axelrad 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 (202) 862-8400 DATED: July 24, 1981

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