ML18227D506

Letter Re Correspondence Between Florida Cities and FPL on Petition for Intervention & Requests for Relief

ML18227D506
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	10/29/1976
From:	Jablon R Florida Cities, Spiegel & McDiarmid
To:	Office of Nuclear Reactor Regulation
References
Download: ML18227D506 (4)

Text

LAW OFFICES S PI EGEL 85- MCD IARMID 2SOO VIRGINIA AVENUE, N. W.

WASHINGTON. O. C. 2003T TCLCICHONK (202l 333 4500 GEORGE SPIEGEL PETER ROBERT C.

K.'ATT'ANIEL MCDIARMID'ANDRA J. GIJTTMAN J. STREBEL. SONNIS S. SLPIR ROSBRT A: JABLON JAMES N. HORWOOD JRMSS CaRL POLLOCK ALAN.J. ROTH FRANCES E. FRANCIS L'eal<

DANIEL I. DAVIDSON THOMAS N. MCHIJGH. JR )L CO

~ CRT 6'9 October. 1976 Director, Nuclear Reactor Regulation.

U.S. Nuclear, Regulatory Commission Washington, D.C., 20555 Re: Florida Power s Li ht Co. (Turke Point

'eneratin Unx.ts No. 3 and'o. 4 NRC Docket Nos. 50-250A and 50-251A; Florida Power 6 -Zi ht Co. (St.. Lucie Units No. 1 and. No. 2 , NRC .Docket Nos.. 50-335A and 50-389A Dear'ir.

The Fort Piezce Utilities Authority of .the City of Fort. Pierce, the Gainesville-Alachua County Regional Electric Water and Sewer Utilities~ the L'ake Worth Utilities Authority, the Utilities Commission of the City of New Smyrna Beach, the Orlando Utilities Commissioni the Sebring Utilities Commission, and the Cities of Alachua, Bartow, Bushnell, Chattahoochee, Daytona Beach, Fort Meade, Key West, Leesburg, Mount. Dora, New-berry, Quincy, St. Cloud, Tallahassee- and Williston, Florida, and the Florida MunicipalUtilities Association (" Florida Cities" )

enclose copies of their "Point Petition. of Florida Cities for Leave to intervene; Petition to Xntervene; and Request: for Hear-ing" and affidavits of Robert A. Jablon 1/,. Harry-C. Luff, Jr.,

and Rohert E. Bathen in s)Isport thereof I filed with the 1/ Also enclosed are copies of the Affidavits of Robert E.. Bathen, Harzy C. Luff', Jr., Robert A. Jablon, Esq., Osee R; Pagan, Esq.,

and, John W. Wilson., Ph.D., submitted in support of Florida Cities Joint. Petition to Intervene in Florida Power & Li ht Co. (South Dade Plant), NRC Docket No. P-636-A (14 Apz. 1976); which are incorporated by reference in the Supplemental Affidavit of Robert A.. Zahlon, ~su ra.

Director, Nuclear. Reactor Regulation 2 29 t

October 1976 Secretary of the Nuclear Regulatory Commission on 6. August 1976 in the above-captioned matters, and. "Reply of Florida.

Cities to Responses of Florida- Power and Light Company and Nuclear Regulatory Commission Staff," filed with the Atomic Safety and. Licensing Board on 1S October. 1976.

Because Florida Cities'ubstantive claims involve antitrust matters, they filed these pleadings with the Sec-retary, as is appropriate for pleadings involving such claims. By order issued.13 August 1976, the Nuclear Regu-.

latory Commission, established an Atomic Safety and Licens-ing Board to Rule on Petitions.

Florida Cities believe that in thus filing their petition. for intervention and requests for relief, they have.

properly placed before this Commission issues relating to their. entitlement to the relief requested. However, Florida Power 6 Light Company, in its* "Response of Florida Power and Light Company in Opposition to: Joint Petition of Florida Cities for Leave to intervene .out. of Time; Petition to Inter-vene; and Request for Hearing," 'filed. with the Board on'1 September 1976, and the Nuclear Regulatory Commission Staff, in "Answer of the NRC, Staff to the Petition to Zntervene out of Time and Request for Hearing by Certain Plorida Cities,"

filed with the Board on 17 September, 1976, have stated that Florida Cities should have sought relief through Section 2.206. of the Commission.'s Rules of Practice, 10 CFR 52.206.

Therefore, as stated in their "Reply of Plorida Cities to Responses of Florida Power a Light Company and Nuclear Re-gulatory Commission Staff" at page 23, Florida Cities hereby lodge their,Joint Petition, ~su ra, and their Reply, ~su ra, with the Office of Nuclear Reactor. Regulation..

Since Florida Cities believe they have already properly invoked this Commission s jurisdiction,. they do not request that you now initiate a proceeding separate and apart from considerations presently before the Atomic Safety and.

Licensing Board established to rule. on petitions, pending action by that Board.

Florida. Cities are, of course, prepared to cooperate

Director, t Nuclear Reactor Regulation 29 October 1976 procedurally in any way necessary to facilitate considera-tion of. this. matter.

Very truly yours, Robert A. J ion Daniel J'uttman Attorneys for the Port. Pierce Utilities Autho--

rity 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, Bushnell, Chattahoochee, Daytona Beach, Fort Meade, Key West, Leesburg,. Mount Dora,. Newberry, Quincy, St., Cloud, Tallahassee and Williston, Florida, and'he Florida Municipal Utilities Association Enclosures cc-. '(w/out encl.). Atomic Safety and Licensing Board.

All parties