ML18088A537

Motion for Antitrust Hearing

ML18088A537
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	03/28/1979
From:	Jablon R Florida Cities, Spiegel & McDiarmid
To:	Atomic Safety and Licensing Board Panel
References
50-250A, 50-251A, 50-335A
Download: ML18088A537 (6)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION In'the Matter of Florida Power & Light Company (St. Luci'e Plant, Unit No. 1) Docket Nom5'0-335A (Turkey Point Plant, Unit Nos. Docket Nos. 50-250A 3 and 4) and 50-251A MOTION FOR ANTITRUST HEARING By Order of July 27, .1978, the Commission requested advice as to whether to hold an antitrust proceeding in con-nection with the above-captioned dockets and whether such proceedings should be consolidated with the current 105(c) antitrust hearing on the St. Lucie 2 plant. Although the.

decision of the Fifth Circuit in i vi le v. Florida Power

~Li ht 573 9.2d 292 (1978) haa become final 1/, the Commission has not yet acted in this matter.

On March 23, 1979, the United States Court of Appeals for the District of Columbia Circuit entered an Order in Fort Pierce Utilities Authorit of the Cit of Fort Pierce, et al.

v. Nuclear Re ulator Commission, Docket,No. 77-1925, et al.

2/ sustaining the Commission's position that it does not have 1/ Letter from Robert A. Jablon to Mr. Samuel J. Chilk, Secretary, NRC, of November 29, 1978, enclosing Denial of Certiorari and requesting action on the Commission's July 27, 1978 Order.

2/ This order is subject to certiorari review by the Supreme Court.

jurisdiction under Section 186 to order an antitrust review in connection with these units. However, in support of its holding, the Court further states (Slip Opinion, pgs. 30-31):

"To so immunize the licenses at issue here from post-licensing antitrust review under section 186(a) is not, as Florida Cities assert, to give FP&L a 'carte blance to use [its] facilities directly contrary to the antitrust laws.'ection 105(a) not only provides that nothing, in the Act preempts the normal operation of the antitrust laws, but also vests the Commission with authorit to revoke or modif FP&L's o eratin licenses in the event that a court finds that FP&L has violated those laws in the course of licensed activit .", thereby confirming the Commission s antitrust authority in this regard.

Since the questions relating to a 105(a) proceeding with regard to these dockets have been fully briefed, Florida Cities deem it inappropriate to reargue their position as to the basis for review and consolidation. However, in view of the decision of the Court of Appeals, Florida Cities do deem it appropriate to again renew their request that the Commission act on this matter 1/.

Respectfully submitted, Robert A. Jablon Attorney for Florida Cities March 28, 1979 Law offices of:

Spiegel & McDiarmid 2600 Virginia Avenue, N. W.

Washington, D. C. 20037 (202) 333-4500 1/ In view of the ongoing proceedings in Florida Power &

Liciht (St. Lucia 2), Docket No. 50-389A, judicial eco-nomy would favor a ruling so that if a hearing is ordered there need not be separate proceedings.

IIII I II UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of )

)

Florida Power & Light Company )

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(St. Lucie Plant, Unit No. 1) ) Docket No. 50-335A

)

(Turkey Point Plant, Unit Nos. ) Docket Nos. 50-250A 3 and 4) ) and 50-251A CERTIFICATE OF SERVICE I hereby certify that the foregoing MOTION FOR ANTITRUST HEARING has been served on the following persons by deposit in the United States mail, first class, postage prepaid, this

- 28th day of March, 1979:

Chase Stephens, Chief -Herbert Dym, Esq.

Docketing & Service Section Daniel Gribbon, Esq.

Nuclear Regulatory Commission Joanne Grossman, Esq.

Washing ton, D. C. 20555 Covington & Burling 888 16th Street, N. W.

Lee Dewey, Esq. Washington, D. C. 20006 Fred Chanania, Esq, Dave Evans, Esq. Mel Berger, Esq.

Office of the Executive Mildred Calhoun, Esq.

Legal Director Department of Justice Nuclear Regulatory Commission Antitrust Department Washington, D.C. 20555 1101 Pennsylvania Avenue, N. W.

Washington, D,. C. 20530-Ivan W. Smith, Chairman Atomic Safety & Licensing Board John E. Mathews, Jr., Esq.

Nuclear Regulatory Commission Mathews, Osborne, Ehrlich, Washington, D. C. 20555 McNatt, Gobelman & Cobb 1500 American Heritage Life Bldg.

Robert Lazo Jacksonville, Florida 32202 Atomic Safety & Licensing Board Nuclear Regulatory Commission J. A. Bouknight, Jr., Esq.

Washington, D. -C. 20555 E. Gregory Barnes, Esq.

Lowenstein, Newman, Reis &

Jerome Saltzman, Chief -Axelrad Antitrust & Indemnity Group 1025 Connecticut Avenue, N. W.

Nuclear Regulatory Commission Washington, D. C. 20555 Washing ton, D. C. 20555 Valentine B. Deale Atomic Safety & Licensing Board Nuclear Regulatory Commission Washington,'. C. 20555 Robert A. ablon Attorney for Florida Cities