ML18088B150
| ML18088B150 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie, Turkey Point  |
| Issue date: | 04/01/1977 |
| From: | Giacalone D, Jablon R Florida Power & Light Co, Spiegel & McDiarmid |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| 50-250A, 50-251A, 50-335A, 50-389A | |
| Download: ML18088B150 (4) | |
Text
UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION Before the Atomic Safet and Licensin Board In the Matter of:
Florida Power and Light Company
)
(St. Lucie Plant, Units No.
1 and 2
)
)
Florida Power and Light Company
)
(St. Lucie Plant, Units No.
3 and 4
)
Docket Nos. -5.
50-389A Docket Nos.
50-250A 50-251A FLORIDA CITIES'NSWER IN OPPOSITION TO APPLICANT'S MOTION TO STRIKE CITIES LETTER OF MARCH 29~
1977'ursuant to 10 CFR 52.730(c), Florida Cities oppose Applicant's "Motion to Strike Cities'etter of March 29, 1977," dated March 30, 1977.
On March 21, 1977, Florida Power and Light Company
("FPGL")
submitted a letter to the Board lodging with it the opinion of the Atomic Safety and Licensing Appeal Board in the Matter of Houston Li hting and Power Com an (South Texas Project, Units 1 and 2), ALAB-
- 381, Docket Nos.
50-498A and 50-499A, issued March 18, 1977.
Not only did the Company lodge the decision, but it explicitly referred the Board to specific pages of the majority and concurring opinions as related to specific pages of FPGL's
Response
to Cities'riginal Petition.
The clear intent was to buttress authority for its various arguments.
On March 29, 1977, Cities submitted a two-page letter in response to FP&L's March 21st letter.
Having lodged the opinion along with specific citations, FPGL now asks that Cities'etter of March 29th be stricken.
Cities respectfully oppose the Applicant's motion.
Florida Power 6 Light Company states that it would be unfair to allow Cities to respond, since Applicant was "careful" to submit the South Texas case without argument; it concludes that the Board
should not allow its delibexations to be delayed by permitting the Parties to brief the South Texas opinion.
The Commission has no specific rule of practice dealing with the lodging of related opinions after parties have submitted briefs.
FPGL's silence on the import of ALAB-381 was,
- then, self-imposed; but, it was a pregnant silence.
The very act of lodging the case manifested FPGL's belief that the Appeal Board's opinion is (in the words of the Motion to Strike) a "pertinent and significant" authority.
The clear implication of Applicant's submission of ALAB-381 to this Board was that a higher tribunal had issued a relevant opinion (in which a Licensing Board was found to be without the jurisdiction or authority to institute an antitrust hearing) that is binding authority on this Board.
In that context, FPGL's silence was an important omission; it failed. to point out to the Board that ALAB-381 is quite probably inapplicable to the present proceeding.
Further, FPGL can hardly deny that. its specific references to pages of the opinion and to its brief constituted a statement on the merits.
Florida Cities feel that they had an obligation and right to respond.
They did so promptly and briefly, with a letter consisting of only two paragraphs of substance (one of which was a footnote explaining Cities'easons for filing that same day its Motion for Commission Clarification of Procedures).
Cities fail to see how such response is unfair to the Company.
It certainly caused no delay in the Board's deliberations.
We agree with Florida Power
& Light Company that the matter
does not warrant further. briefing.
On the other hand, should Cities'etter of March 29 be stricken, the Board should also strike the portions of Florida Power G Light Company's letter of-March 21, 1977, which attempt to bolster Florida Power 6 Light Company's contentions on the merits of this case through selective references to pages of the South Texas opinion and to its Response to Cities'riginal Petition.
For the foregoing reasons, Florida Cities respectfully oppose Applicant's Motion to Strike or, in the alternative, request that, should the Board strike Cities'etter of March 29, it also strike the argumentative second paragraph of Florida Power
& Light Company's letter of March 21, 1977.
Respectfully submitted, Robert A. Jablon Davz.d A. Gzacalone Law Offices of:
Spiegel 6 McDiarmid 2600 Virginia Avenue, N.W.
Washington, D.C.
20037 202-333-4500 April 1, 1977 Attorneys for the Fort Pierce Utilities Authority of the City of Fort Pierce, the Gainesville-Alachua County Regional Electric Water and Sewer Utilities, the Lake Worth Utilities Authority, the Utilities Commission of the City of New Smyrna Beach, the Orlando Utilities Commission, the Sebring Utilities Commission, and the Cities of Alachua, Bartow, Daytona Beach, Fort Meade, Key
- West, Mount Dora, Newberry,
- Quincy, St. Cloud,and Tallahassee,
I hereby certify that I have this day cause the foregoing Florida Cities'nswer in Opposition to Applicant's Motion to Strike Cities'etter of March 29, 1977 to be served upon the following persons:
William C. Wise, Esquire Robert Weinberg, Esquire Suite 200 1019 19th Street, N.W.
Washington, D.C.
20036 Linda L. Hodge, Esquire Lowenstein,
- Newman, Reis Axelrad 1025 Connecticut. Avenue, N.W.
Washington, D.C.
20036 William H. Chandler, Esquire
- Chandler, O'Neal, Avera, Gray Lang G Stripling P.O.
Drawer 0 Gainesville, Florida 32601 David A. Leckie, Esquire Antitrust Division Department of Justice 1101 Pennsylvania
- Avenue, N.W.
Washington, D.C.
20530 Robert H. Culp, Esquire Lowenstein,
- Newman, Reis Axelrad 1025 Connecticut
- Avenue, N.W.
Suite 1214 Washington, D.C.
20036 Tracy Danese, Esquire Vice President, Public Affairs Florida Power G Light Company P.O.
Box 013100 Miami, Florida 33101 John E. Mathews, Jr., Esquire
- Mathews, Osborne,
- Ehrlich, McNatt,,
Gobelman E Cobb 1500 American Heritage Life Bldg.
Jacksonville, Florida 32202 Lee Scott Dewey, Esquire Office of Executive Legal Director
-Nuclear Regulatory Commission Washington, D.C.
20555 Chief, Docketing and Service Section Office of the Secretary Nuclear Regulatory Commission Washington, D.C.
20555 Ivan W. Smith, Esquire Atomic Safety and Licensing Board Panel Nuclear Regulatory Commission Washington, D.C.
20555
-. John M. Frysiak, Esquire Atomic Safety and Licensing Board Panel Nuclear Regulatory Commission Washington, D.C.
20555 Daniel M. Head, Esquire Atomic Safety and Licensing Board Panel Nuclear Regulatory Commission Washington, D.C.
20555 J. A. Bouknight, Jr., Esquire Lowenstein,
- Newman, Reis Axelrad 1025 Connecticut
- Avenue, N.W.
Washington, D.C.
20036 Dated at Washington, D.C. this 1st day of April, 1977.
David A. Giacalone