ML18088A572

Letter in Response to July 05, 1977 Letter on Behalf of the Florida Power & Light Company

ML18088A572
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	08/01/1977
From:	Jablon R Florida Cities, Spiegel & McDiarmid
To:	Case E Office of Nuclear Reactor Regulation
References
Download: ML18088A572 (6)

Text

U.S. NUCLEAR REGULATORY COM i ION Oo ET NUM NR~FORM 195 I2.76 I NRC DISTRIBUTION FoR PART 50 DOCKET MATERIAL FILE NUMBER FP~Fr- /Xu57

~

FROM: OATE OF OOCUMENT TO:

Spiegel & McDiarmid 8/1/77 Mr. Edson G Case Washington, D. C. OATE RECEIVED Robert A. Jablon 8/5/77 0 N OTOR IZE 0 PROP INPUT FORM NUMBER OF COPIES RECEIVEO ETTER JAR IGINAL PfjPNCLASSIFI EO Q COPY OESCRIPTION ENCLOSURE J. ~. +Ou@yy/'7 g 7-5 P7 Concerns Florida Cities request for antitrust relief. ~ .~.

(2-P)

PLANT NAME:St. Lucie Unit No. 1 RJL 8/5/77 FOR ACTION/INFORMATION ENVIRHNMENTAL ASSIGNED AD: V MOORE LTR BRANCH CHIEF.

CT MANAGER: PROJECT MANAGER:

CENSING ASS% TANT: LICENSING ASSISTANT:

Bi HARLESS INTERNAL DISTRIBUTION TFMS SAFETY PLANT SYSTEMS SITE SAFETY &

HE TYDEMAN TEDESCO ENVIRON ANALYSIS EDE BENAROYA DENTON & MULLER ENGINEERING IPPOLITO ENVIRO TECH ERNST OPERATING REACTORS BALLARD i GBLOO BAER B ER GAIKILL 2 G I CHECK SITE ANALYSIS VOLLMER AT I BUNCH J ~ COLLINS BERG EXTERNAL DISTRIBUTION CONTROL NUMBER TIC NSIC IV J HANCHETT 772170208 REG l6 CYS ACRS SENT CAT NRC FORM I95 I2 78)

I 'l LAW OFFICES a

SPIEGEL A McDIARMID 2600 VIRGINIAAVENUE, N, W.

WASHINGTON, D. C. 20037 TELEPHONE I202) 333.4500 GEORGE SPIEGEL PETER K. MATT ROBERT C. MCDIARMID DANIELJ. GUTTMAN SANDRA J. STREBEL DAVID R. STRAUS ROBERT A. JABLON JAMES N. HORWOOD ALAN J. ROTH FRANCES E. FRANCIS 8'v Au. ust 1,, 1977 BONNIE S. BLAIR DAVID A. GIACALONE ROBERT HARLEY BEAR DANIEL I. DAVIDSON JAMES CARL POLLOCK THOMAS N. MCHUGH. JR. CgyEO co CllJQ G

~tg~

Edson G. Case Acting Director Office of Nuclear Reactor Regulation C Nuclear Regulatory Commission Washington, D.C. 20555 Re: Florida Power 6 Li ht

~Com an (St. Lncie Plant, Unit No. 1),

Docket, Nos. 50-335A et al;

Dear Mr. Case:

This is in response to the July 5, 1977, letter of J. A. Bouknight, Jr. and John E. Mathews, Jr. to you on behalf of the Florida Power Light Company ("FPGL").

S In general, FPGL takes the position that no matter how egregiously license applications misuse NRC-granted licenses, the Commission has no authority to do anything about it. The argument is directly contrary to the Atomic Energy Act, and in particular to:Sect.186. Since the positions of the parties are clear from the records in this proceeding, Florida Cities do not respond substantively. However, they assume that in your review of their request for antitrust relief that,you will take into. account the full records in Docket Nos,. 50-335A, 50-250A and 50-251A, including all pleadings filed therein.

They request that you do so.

To the extent that it would helpful in your review to obtain further pleadings or information from the Cities, they of course desire to cooperate with you in every way.

Florida Cities note that FPGL appears to suggest at page 2, note 3, that before you find any basis for review, you ignore the existing record and start procedures from scratch.

FP6L has actively opposed Florida Cities'equests for.sub-:

stantive relief from the moment it opportunity to make any and all responses that was made. It hasdeemed it had full appropriate. At this stage its suggestion that'the existing record be ignored (if that is what FP&L .means) is, to say the least, startling.

7721702OB

I 0

V P'*

)

'age 2 We note that FPGL has contended vigorously that needs for certainty should foreclose relief, yet now it appears to seek ways of delaying decision. Procedures should not be so exhaustive as to "exhaust" those seeking relief "instead of the remedies." See NLRB v. Marine Workers, 391 U.S. 418, 425 Sincerely, Robert A. Jablon Attorney for Florida Cities RAJ:tb cc: All Parties

0 CW CJ