ML18088A572
| 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 NR~FORM 195 I2.76 I NRC DISTRIBUTION FoR PART 50 DOCKET MATERIAL Oo ET NUM FILE NUMBER~
FP~Fr- /Xu57 TO:
Mr. Edson G
Case FROM:
Spiegel
& McDiarmid Washington, D. C.
Robert A. Jablon OATE OF OOCUMENT 8/1/77 OATE RECEIVED 8/5/77 ETTER JAR IGINAL Q COPY 0 NOTOR IZE0 PfjPNCLASSIFI EO PROP INPUT FORM NUMBER OF COPIES RECEIVEO OESCRIPTION J. ~. +Ou@yy/'7 g 7-5 P7 Concerns Florida Cities request for antitrust relief. ~. ~.
ENCLOSURE (2-P)
PLANT NAME:St. Lucie Unit No.
1 RJL 8/5/77 CT MANAGER:
CENSING ASS% TANT:
FOR ACTION/INFORMATION ENVIRHNMENTAL ASSIGNED AD:
V MOORE LTR BRANCH CHIEF.
PROJECT MANAGER:
LICENSING ASSISTANT:
Bi HARLESS INTERNALDISTRIBUTION TFMS SAFETY HE TYDEMAN EDE PLANT SYSTEMS TEDESCO BENAROYA SITE SAFETY &
ENVIRON ANALYSIS DENTON & MULLER ENGINEERING IPPOLITO OPERATING REACTORS ENVIRO TECH ERNST BALLARD i GBLOO CHECK AT I BERG EXTERNALDISTRIBUTION BAER B
ER G I GAIKILL 2
SITE ANALYSIS VOLLMER BUNCH J ~ COLLINS CONTROL NUMBER TIC REG IV J
HANCHETT l6 CYS ACRS SENT CAT NRC FORM I95 I2 78)
NSIC 772170208
I 'l
LAW OFFICES a
SPIEGEL A McDIARMID 2600 VIRGINIAAVENUE, N, W.
WASHINGTON, D. C. 20037 TELEPHONE I202) 333.4500 GEORGE SPIEGEL ROBERT C. MCDIARMID SANDRA J. STREBEL ROBERT A. JABLON JAMES N. HORWOOD ALANJ. ROTH FRANCES E. FRANCIS DANIELI. DAVIDSON THOMAS N. MCHUGH. JR.
Au. ust 1,, 1977 8'v CgyEO CllJQ co G ~tg~
C Edson G.
Case Acting Director Office of Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.C.
20555 PETER K. MATT DANIELJ. GUTTMAN DAVID R. STRAUS BONNIE S. BLAIR DAVIDA. GIACALONE ROBERT HARLEY BEAR JAMES CARL POLLOCK 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 S Light Company
("FPGL").
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 was made.
It has had full opportunity to make any and all responses that it deemed 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