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Category:Legal-Correspondence
MONTHYEARML24032A1602024-02-0101 February 2024
Memorandum to the Parties Regarding Chair Christopher Hanson’S Site Visit (Turkey Point Nuclear Generating, Units 3 and 4)
ML24031A6242024-01-31031 January 2024
Memorandum (Certifying Question to the Commission Regarding Timing of Notice of Opportunity for Hearing)
L-2022-022, Updated Conditions of Certification Report2022-02-14014 February 2022
Updated Conditions of Certification Report
ML21097A0262021-03-0404 March 2021
3-4-21 Per Curiam Judgment (DC Cir.)(Case No. 20-1026)
ML20318A0252020-11-11011 November 2020
11-11-20 Petitioners Errata to Final Brief (DC Cir.)(Case No. 20-1026)
ML20211L7162020-07-27027 July 2020
7-27-20 Petitioner Statutory Addendum (DC Cir.)(Case No. 20-1026)
ML20085F9552020-03-24024 March 2020
3-24-20 FPL Notice of Joinder in Respondent'S Motion to Dismiss (D.C. Cir.)(Case No. 20-1026)
ML20084J9632020-03-23023 March 2020
3-23-20 Certified Index (D.C. Cir.)(Case No. 20-1026)
ML20084K0622020-03-23023 March 2020
3-23-20 Respondents Motion to Dismiss (Including Addendum and Exhibits) (D.C. Cir. )(Case No. 20-1026)
ML20043D1402020-02-11011 February 2020
2-11-20 Florida Power and Light Company Unopposed Motion for Intervention (DC Cir.)(Case No. 20-1026)
ML20037A7202020-02-0606 February 2020
1-31-20 Petition for Review (DC Cir.)(Case No. 20-1026)
ML20037A6952020-02-0505 February 2020
2-5-20 USNRC Entry of Appearance (DC Cir.)(Case No. 20-1026)
ML18240A1322018-08-28028 August 2018
Letter from the Secretary to the Petitioners Regarding Director'S Decision DD-18-03
NRC-2017-0188, Letter from the Secretary to the Petitioners Regarding Director'S Decision DD-18-032018-08-28028 August 2018
Letter from the Secretary to the Petitioners Regarding Director'S Decision DD-18-03
ML15232A1632015-08-18018 August 2015
Email Response from Matthew Zogby to Barry White Regarding Procedural Communications with the Atomic Safety and Licensing Board
ML0823301712008-08-20020 August 2008
Memorandum of the Secretary (Referring Petition to Intervene to the ASLBP)
ML0617700322006-06-16016 June 2006
Letter from David R. Lewis Requesting That the International Brotherhood of Electrical Workers, Local 97's Motion for Hearing and Right to Intervene and Protest, Dated June 6, 2006, Be Dismissed for Lack of Standing
ML0208604032002-03-25025 March 2002
Letter from Emile L. Julian Responding to a 2/1/02 Letter from Joseph Kaplan Regarding St. Lucie and Turkey Point Power Plants
ML18228A1321979-03-0909 March 1979
Licensee'S Response to Untimely Request for Hearing of Mark P. Oncavage
ML18227B2931978-10-0202 October 1978
Response to NRC Order for Filing Petition with U.S. Supreme Court Re Supreme Court Issue a Writ of Certiorari & Review Decision of U.S. Court of Appeal for 5th Circuit in FPL V. Gainesville Utilities
ML18227B2941978-09-20020 September 1978
09/20/1978 Letter Florida Cities' Response to Florida Power & Light'S Request for Oral Argument
ML18228A2441978-09-20020 September 1978
Certificate of Service, Certifying Letter to Samuel J. Chilk from Robert A. Jablon, Attorney for Florida Cities
ML18227B2961978-09-13013 September 1978
Request for Opportunity of Oral Argument on Issues Raised by July 27 NRC Order, on Subject of Possible Proceedings Under Section 105a, & on Pending Motion for Recall of That Order
ML18227B2991978-09-0505 September 1978
Reply of Florida Cities in Opposition to Memorandum by Florida Power & Light Company
ML18227B2981978-09-0505 September 1978
Reply Memorandum for Florida Power & Light Company
ML18227B2971978-09-0505 September 1978
Response of the Department of Justice Regarding Initiate Proceeding Pursuant to Sections 105a & 105c
ML18227B3071978-08-28028 August 1978
Answer of the Department of Justice to Florida Power & Light Company'S Motion for Recall of Order in Light of Changed Circumstances
ML18227B3041978-08-28028 August 1978
Florida Cities' Response to the Commission'S July 28, 1978 Order
ML18088A5491978-08-28028 August 1978
Answer of the Department of Justice to Florida Power & Light Company'S Motion for Recall of Order in Light of Changed Circumstances
ML18088A5481978-08-28028 August 1978
Florida Cities' Response to the Commission'S July 28, 1978 Order
ML18227B3061978-08-25025 August 1978
Application for Extension of Time
ML18088A8621978-05-25025 May 1978
Forwards Report on System Disturbance, May 14, 1978 Prepared by Florida Power & Light Co
ML18127A5451978-05-17017 May 1978
Reference to Telephone Call of 5/16/1978, Enclosed Is Additional Information from Florida Power & Light Concerning Interruption of Off-Site Power to St. Lucie Plant on 5/14/1978
ML18088A8561978-03-31031 March 1978
Response to 3/10/1978 Letter. Submits Affidavit of Messrs. Kent, Bivans and Flugger, and 12/14/1977 Fpl'S Response to Nrc'S Questions Concerning 5/16/1977 Outage Enclosed
ML18127A5521978-03-16016 March 1978
Letter Informing the Commission and the Board of Issues Concerning Investigation of Concealment of Offsite Power Stability Problems During Licensing of St. Lucie
ML18127A5591978-01-25025 January 1978
Forwards Florida Power & Light Co. Fifteen-Year Forecast, Summer Peak Load
ML18305A6891977-12-22022 December 1977
Transmittal of Documents Referred to in Florida Cities' Motion to Lodge Documents.
ML18127A5751977-11-14014 November 1977
Answer in Opposition to Petition for Commission Review
ML18227D5241977-11-0101 November 1977
Opposition of Florida Power & Light Company to Cities' Motion to Lodge Documents
ML18088A5771977-10-26026 October 1977
Letter Enclosing a Corrected Copy of the Motion to Lodge Documents
ML18227D5251977-10-25025 October 1977
South Dade Plant -Request to Delete Cities as Participants in Intervene Group from Attached Legal Notice and Motions
ML18227D5271977-10-25025 October 1977
Petition for Review
ML18228A2471977-10-21021 October 1977
Letter Re Objection to Any Effort to Lodge Evidentiary Material with Commission or Licensing Board in Any of Proceedings Which Are Now Pending Before NRC
ML18228A2501977-09-20020 September 1977
Answer of Florida Power & Light Company in Opposition to Petition for Review
ML18227D5311977-09-20020 September 1977
Answer of Florida Power & Light Company in Opposition to Petition for Review, FPL Respectfully Requests That Commission Deny Cities' Petition for Review of ALAB-428
ML19301B6451977-09-12012 September 1977
Correct Docket Number on Petition for Review Filed on 9/8/1977
ML19301B9801977-09-12012 September 1977
Corrected Incorrect Docket Numbers on Petition Entitled, Petition for Review, Filed by Florida Cities
ML18228A2521977-08-17017 August 1977
Response of Florida Power & Light Company to Motion to Withdraw and Notice of Withdrawal of the City of Daytona Beach, Florida.
ML18227D5341977-08-17017 August 1977
South Dade Unit - Response of Florida Power & Light Company to Motion to Withdraw and Notice of Withdrawal of the City of Daytona Beach, Florida.
ML18227D5381977-08-0505 August 1977
Lucie Unit 1 - Referring to Florida Cities Attorney'S Letter Dated 8/1/1977, Furnishing Required Information in Two Respects
2024-02-01
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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 ) Docket Nos. 50-335A (St. Lucie Plant, Units No. 1 and 2 ) 50-389A
)
Florida Power and Light Company ) Docket Nos~5 -'250 (St. Lucie -Plant, Units No. 3 and 4 ) -251A FLORIDA CITIES'NSWER IN OPPOSITION TO APPLICANT'S MOTION TO STRIKE CITIES'ETTER OF MARCH 29, 1977 Pursuant 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 ("FP6L")
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 htin and Power Co'm 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 FPSL'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 FPGL'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 re 4
should not allow its deliberations 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
'n 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 6 Light Company that the matter
does'ot 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 6 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 6 Light Company's letter of March 21, 1977.
Respectfully submitted, Robert, A. Jablon David A. Gz.acalone Law Offices of: Attorneys for the Fort, Pierce Utilities Spiegel 6 McDiarmid Authority of the City of Fort Pierce, 2600 Virginia Avenue, N.W. the Gainesville-Alachua County Regional Washington, D.C. 20037 Electric Water and Sewer Utilities, the 202-333-4500 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, April 1, 1977 Bartow, Daytona Beach, Fort Meade, Key West, Mount Dora, Newberry, Quincy, St. Cloud and Tallahassee, Florida, and the Florida Municipal Utilities Association
CERTIFICATE OF SERVICE 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 Linda L. Hodge, Esquire Robert Weinberg, Esquire Lowenstein, Newman, Reis Suite 200 Axelrad 1019 19th Street, N.W. 1025 Connecticut Avenue, N.W.
Washington, D.C. 20036 Washington, D.C. 20036 William H. Chandler, Esquire Lee Scott Dewey, Esquire Chandler, O'Neal, Avera, Gray Office of Executive Legal Lang G Stripling Director P.O. Drawer 0 Nuclear Regulatory Commission Gainesville, Florida 32601 Washington, D.C. 20555 David A. Leckie, Esquire Chief, Docketing and Service Antitrust. Division Section Department of Justice Office of the Secretary 1101 Pennsylvania Avenue, N.W. Nuclear Regulatory Commission Washington, D.C. 20530 Washington, D.C. 20555 Robert H. Culp, Esquire Ivan W. Smith, Esquire Lowenstein, Newman, Reis Atomic Safety and Licensing Axelrad Board Panel 1025 Connecticut Avenue, N.W. Nuclear Regulatory Commission Suite 1214 Washington, D.C. 20555 Washington, D.C. 20036 John M. Frysiak, Esquire Tracy Danese, Esquire Atomic Safety and Licensing Vice President, Public Affairs Board Panel Florida Power 6 Light Company Nuclear Regulatory Commission P.O. Box 013100 Washington, D.C. 20555 Miami, Florida 33101 Daniel M. Head, Esquire John E. Mathews, Jr., Esquire Atomic Safety and Licensing Mathews, Osborne, Ehrlich, Board Panel McNatt, Gobelman 6 Cobb Nuclear Regulatory Commission 1500 American Heritage Life Bldg. Washington, D.C. 20555 Jacksonville, Florida 32202 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.
a<aGiacalone A.
E'avid
