ML17341A225
| ML17341A225 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point, Saint Lucie  |
| Issue date: | 06/12/1981 |
| From: | Hodgdon A, Vogler B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| ISSUANCES-A, NUDOCS 8106160107 | |
| Download: ML17341A225 (11) | |
Text
ACCESSION: NBR!
FAG IL;!50~250 50~251 50-335 50 389 AUTH BYNAME'OGLERPB'RH
~
HODGDON A ~ P ~
RECIPR NAME REGULATORY INFORMATION DISTR'IBUTION SYSTEM (RIDS) 8106160107 DOC ~ DATE!
8 1/Qb/1'2 NOTARIZED!
NO Tur key Point PlantE Unit 3~ Flor ida Power and Lir!ht C Turkey Point-Plant'r Uni't'r Florida Power and Light" C St ~ Lucia Planti Unit 1i Florida Power' Light" Co ~
St, Lucie Planti Unit 2, Florida Power 8 Light Co ~
AUTHOR AFFILIATION Antitrust Divisian Office of the Executive Legal Dir ector RECIPIENT AFFILIATION Commissioner s DOCKET' 050009~
0 QOOM 05000335 05000389
~ ~
SUBJECT!
Memor andum informing Commission that incor por ation of antitrust license conditions ImPosed on St.Lucie Unit 2
license eliminates need for proceeding against-FL Power Light.Certificate of Svc encl.
OISTRIBOTION COBE:
OSOSS COPIES RECEIVES:LTR D ENCL 2 SIZE:
TITLE: ELD Fi 1 ings (Antitr ust)
NOTES:
ACTION:
RECIPIENT ID CODE/NAME VARGAPS ~
LIC BR ¹3 BC KREUTZER,PE GROTENHUI 8 p M NERSES,V, COPIES LTTR ENCL RFCIPIENT-ID CODE/NAME CLARKPR ~
PARRISH p C ~
LIC BR 43. LA VELSONgC ~
COPIES LTTR ENCL INTERNAL: OSB H
ST ~
NRC POR PUBLIC AFFAIRS UT FIN BR EXTERNAL: LPDR ILE 0
REG FILE NSIC 0
gp TOTAL NUMBER OF COPIES REQUIRED!
LTTR ENCL
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F V,
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of FLORIDA POWER 5 LIGHT COMPANY (St. Lucie Plant, Unit Nos.
1 and 2)
FLORIDA POWER 5 LIGHT COMPANY (Turkey Point Plant, Unit Nos.
3 and 4)
Docket No. 50-335A 50-389A Docket No. 50-250A 50-251A NRC STAFF MEMORANDUM PURSUANT TO SETTLEMENT AGREEMENT AND RESPONSE IN SUPPORT OF THE DEPARTMENT OF JUSTICE'S MOTION TO WITHDRAW RE UEST THAT A PROCEEDING BE CONDUCTED On September 12, 1980, the Department of Justice, the Applicant and the NRC Staff filed a Joint Motion requesting the Atomic Safety and Licensing Board conducting the proceeding in Docket No. 50-389A to approve and authorize for immediate implementation a settlement agreement among those parties.
The agreement included a set of antitrust license conditions to be incorporated into the St. Lucie Plant, Unit No.
2 license.
By a stipulation, which was submitted to the Board with the proposed license conditions, the Staff agreed, among other things, that if the Board accepted the proposed antitrust license conditions for immediate implementation, the Staff would "communicate to the Commission its opinion that the licensing of St. Lucie Plant, Unit No.
2 under those condi tions would eliminate any need for any proceeding against Florida Power 5 Light Company under Section 105a of the Atomic Energy Act, as
amended by reason of Gainesville Utilities De artment v. Florida Power 2'92.93.29(66CI.)..46.499.9.966
( 1978)]."
(Although the Settlement Agreement was reached in an on-going antitrust proceeding conducted on the construction permit application for St. Lucie Plant, Unit No. 2, Docket No. 50-389A, the stipulation concerns all the captioned facilities, as a Section 105a proceeding could reach all of the licenses held by a "licensee found by a court...to have violated Lthe antitrustj laws.")
On April 24, 1981, the Board issued a
Memorandum and Order approving the proposed settlement agreement and making the license conditions effective immediately, without prejudice to the Board's authority to impose different or additional conditions, if necessary, after a hearing.
Pursuant to the above agreement, the NRC Staff herewi th informs the Commission that in its opinion incorporation of the antitrust license condi tions imposed by the Board into the St. Lucie Plant, Un'it No.
2 license will eliminate any need for a proceeding against Florida Power 5
Light under Section 105a of the Act by reason of Gainesville,
~su ra.
(\\
On tiay 28, 1981, the U.S.
Department of Justice, pursuant to the above agreement, withdrew its request that the Commission institute a
proceeding against Florida Power 8 Light Company under Section 105a of the Act.
For the reasons stated
~su ra and in the gepartment's'otion, the NRC Staff supports the Department's Notion.
S1
Dated at Bethesda, Maryland this 12th day of June, 1981 Respectful ly submi tted,
~
~
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J4' Benjamin H. Vogler Geputy Antitrust Counsel
)0 ~ I,!,
Ann P.
Hodgdon Counsel for NRC Staff
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of FLORIDA POWER 5 LIGHT COMPANY
{St. Lucie Plant, Units 1 and FLORIDA POWER 5 LIGHT COMPANY (Turkey Point Plants, Units 3
)
)
)
2)
)
)
)
~4)
)
NRC Docket Hos.
50-335A 50-389A HRC Docket Nos ~
, 50-250A 50-251A CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MEMORANDUM PURSUANT TO SETTLEMENT AGREEMENT AHD RESPONSE It( SUPPORT OF THE DEPARTMENT OF JUSTICE'S MOTION TO WITHDRAW REQUEST THAT A PROCEEDING BE CONDUCTED", dated June 12, 1981, in the above-captioned proceeding, have been served on the following, by deposit in the United States mail, first class, or, as indi cated by an asteri sk through deposit in the Nuclear Regulatory Commission's internal mail system, this 12th day of June, 1981:
"Chairman Hendrie Office of the Commissioners U.S. Nuclear Regulatory Commission Washington, O.C.
20555
- Commissioner Gilinsky Office of the Commissioners U.S. Nuclear Regulatory Commission Washington, O.C.
20555
- Commissioner Bradford Office of the Commissioners U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Commissioner Ahearne Office of the Commissioners U.S. Nuclear Regulatory Commission Washington, O.C.
20555
- Ivan 'W. Smith, Esq.,
Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Rober t M. Lazo, Esq.,
Administrative Judge Atomic Safety and Licensing Board U,S.
Hucl ear Regulatory Commission
'ashington, O.C.
20555 Michael A. Ouggan, ESq.,
Administrative Judge College of Business Administration University of Texas
- Esq, 203 North Magnolia Avenue Orlando, Florida 32802
J. A. Boukni ght, Jr.,
Esq.
E. Gregory Barnes, Esq.
Lowenstein, Newman, Reis, Axelrad
& Toll 1025 Connecticut Avenue.,
N.W.
Washington, D.C.
20036 Tracy Danese, Esq.
Vice President for Public Affairs Florida Power
& Light Company P. 0.
Box 013100 Miami, Florida 33101 Robert A. Jablon, Esq.
Alan J. Roth, Esq.
Spiegel
& HcDiarmid 2600 Virginia AVenue, N.W.
Washington, D.C.
20037 William C. Wise, Esq.
Suite 500.
1200 18th Street, N.W.
Washington, D.C, 20036 Daniel M. Gribbon Herbert Dym Joanne B. Grossman Covington
& Burling 888 Sixteenth Street, N,W.
Washington, D:C.
20006 Peter G. Crane, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D,C.
20555 Mare Gary,
- Esq, Arent, Fox, Kintner, Plotkin
& Kahn 1815 H Street, N,W, Washington, D.C.
20006 Janet
- Urban, Esq.
P.
0.
Box 14141 Washington, D.C.
20044 Jack W. Shaw, Jr.,
Esq.
John E. Hathews, Jr.,
Esq.
- Hathews, Osborne, Ehrlich, HcNatt, Gobelman
& Cobb 1500 American Heritage Life Building 11 East Forsyth Street Jacksonville, Florida 32202 Robert E. Bathen Fred Saffer R.
W. Beck
& Associates P. 0.
Box 6817 Orlando, Florida 32803 Donald A. Kaplan, Esq.
Robert Fabrikant, Esq.
Antitrust Division U,S. Department of Justice Washington, D.C.
20530 William H. Chandler, Esq.
Chandi e r, O'ea1, Avera, Gray, Land
& Stripling Post Office Drawer 0
Gainesville, Florida 32602
- Atomic Safety and Licensing Board Panel U.S.
Nuc'tear Regulatory Commission Washington, D.C.
20555
- Atomic Safety and Licensing Appeal Board Panel U,S. Nuclear Regulatory Commission Washington, D.C.
20555
- Secretary ATTN:
Chief, Docketing
& Service Branch U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Argil L. Toalston, Acting Chief Utility Finance Branch U.S. Nuclear Regulatory Commission Washington,'.C.
20555 p
Ann P.
Hodgdon Counsel for NRC Staff