ML18227D543
| ML18227D543 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie, Turkey Point  |
| Issue date: | 07/26/1977 |
| From: | Bouknight J, Mathews J Florida Power & Light Co, Lowenstein, Newman, Reis & Axelrad, Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| 50-250A, 50-251A, 50-335A, 50-389A, P-636A | |
| Download: ML18227D543 (7) | |
Text
0 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE'TOMIC:'S'AFETY'ND; IiICENSING 'APPEAL BOARD In the Matter of Florida Power G Light Company Docket Nos. 50-335A (St. Lucie Plant, Units No. 1 50-389A and No. 2)
Florida Power 6 Light Company (Turkey Point Plant, Units 50-251A No. 3 and No. 4)
Florida Power 6 Light Company Docket No. P-636A (Two Nuclear Units)
RESPONSE OF FLORIDA POWER & LIGHT COMPANY TO "MOTION OF CITY OF QUINCY TO WITHDRAW FROM THESE PROCEEDINGS AS AN INDIVIDUALLYNAMED PARTY" On July 18, 1977, the City of Quincy, Florida, filed motions to "withdraw... as an individually named party" from each of the above-captioned proceedings. For the reasons stated below, Florida Power 6 Light Company (FPL) requests that the Appeal Board withhold action on the motions and permit the Atomic Safety and Licensing Board which is designated to conduct any further pro-ceedings with respect to any such docket, to act upon the motions in the first instance.
- 1. In each instance, Quincy states that while it desires "to withdraw its participation. . . as an individually named party",
it "wishes to continue to participate indirectly as a member of the Florida Municipal Utilities Association ('FMUA'). . . which has requested intervention in order to protect generally the rights I
of each of its members." Quincy's stated purpose is "to be able to assert' general public interest in license conditions
without having to bear the costs and burdens associated with individual and active participation in lengthy, complex large-scale litigation."
- 2. FPL does not acquiese in the concept of indirect partici-pation in proceedings before the Commission, nor does it agree that FMUA has any interest in these proceedings other .than as is derived from its members which are also individually-named intervenors. */
- 3. lt is apparent, in any event, that the status of FMUA's "members" which are not individually named parties to these proceedings is in need of clarification. The status of "party" is important in at least three res'pects. A "party" is (i) entitled to request relief, and, upon the denial. of the request, to seek judicial review as an aggrieved party, (ii) subject to all of the discovery provisions contained in 10 CFR Part 2, Subpart G; and (iii) bound by the results of the proceeding for purposes of res judicata and collateral estoppel. As Quincy aoparently envisions it, the indirect participation sought by the motions would entitle it to the rights described in (i), above, while relieving it from the obligations..of discovery or from being bound
"/ FPL's position. is this respect is stated at page 6 (footnote 8) of "Applicant's Response to Joint Petition of Florida Cities", sub-mitted on May 26, 1976, in Docket No. P-636A.
by an unfavorable outcome. This should not be permitted under any circumstances.
- 4. What is required in the first instance is a clear definition of FMUA's role in these proceedings. If, as FPL contends, FMUA may not appear as 'representative or agent for entities which are not themselves parties, Quincy's motions for withdrawal should be granted without any provision for indirect or any other participation in these proceedings.+
If, on the other hand, FMUA is to be permitted to act in a representative capacity for entities not directly before the each entity desiring to avail itself of such representa-
'ommission, tion should be required to submit itself to discover'y as a party and to provide sufficient evidence of authorization of its represen-tation by FMUA to assure that the real party in interest will be bound by the Commission's decision.
- 5. In any event, the matter does not appear to be one which should be addressed in the first instance by an appellate tribunal.
Docket P-636A is not before the tribunal in any context. The Appeal Board's jurisdiction with respect to Docket No. 50-389A terminated with issuance of a decision on July 12, 1977, and with
"/ IfCommission Quincy desires to have its view of the public interest.
it can do so by offering a limited appearance before state-the ment pursuant to 10 CFR 52.715.
expiration of the time for filing of petition for rehearing thereof. Although Dockets Nos. 50-'250A, 50-251A and,50-335A are before the Appeal Board at this time, there is no need. for the Appeal Board's dealing with the "indirect participation" ques-tion at. this stage. If the. Cities appeal is rejected, there '.
I it will'be no further proceedings. If. is granted, an Atomic
~
Safety and Licensing Board'ill be designated to conduct resolved there.
further'roceedings, and the question may be WHEREFORE, FPL respect ully requests that the 'Appeal Board withhold action. on the motions and refer them for action to the respective Atomic Safety and Licensing Boards which are designated to conduct further proceedings, if any are 'required, in each of the dockets iden ified in the caption.
Respec fully submitted, 'V P I ~ I ~
4 J. A. B knight, Jr'.
~
~ ~ f Linda Hodge Lowenstein, Newman, Reis and, Axelrad 1025 Connecticut Avenue, N.H.
Wash-'ngton, D. C. 20036 (202) 833-8371 DATE: July 26, 1977 John E. Ma"hews, Jr.
Mathews, Osborne, Ehrlich, McNatt Gobelman & Cobb 1500 American Heritage Life Building Jacksonville, Florida 32202 (904) 354-0624 Counsel for Florida Power 6 Light Company
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of; BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD I
Florida Power & Light Company (St. Lucie Plant, Units No. 1
)
)
).
)
Docket Nos. 50-335A 50-389A and No. 2) )-
)
Florida Power & Light Company ) Docket Nos. 50-250A (Turkey Point Plant, Units ) 50-251A No. 3 and No. 4) )
)
Florida Power & Light'ompany ) Docket Nos. P-636A (Two Nuclear Units) )
CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the following:
Response of Florida Power & Light Company to "Motion of City of Quincy to Withdraw From These Proceedings as an Individually Named Party" have been served on the persons shown on the attached list by .hand delivery or deposit in the United States Mail, properly stamped and addressed on July 26, 1977.
By:
Linda'L Hodge Counsel for Florida Power
& Light Company
Commissioner Richard T. Kennedy Richard S. Salzman Office of the Commissioner Atomic Safety and Licensing U. S. Nuclear Regulatory Appeal Board Commission U. S. Nuclear Regulatory Washington, D. C. 20555 Commission 4350 East West Highway Commissioner Victor Gilinsky Bethesda, Maryland 20014 Office of the Commissioner U.S. Nuclear Regulatory Lee Scott Dewey Commission Counsel for theStaff Washington, D. C. 20555 U. S. Nuclear Regulatory Commission Robert M. Lazo 7735 Old Georgetown Road Atomic Safety and Licensing Bethesda, Marlyand 20014 Board Nuclear Regulatory Panel'.S.
Robert A. Jablon, Esquire Commission Daniel J. Guttman, Esquire Washington, D. C. 20555 2600 Virginia Avenue, N.W.
Washington, D. C. 20037 John M. Frysiak,'squire Atomic Safety and Licensing William H. Chandler, Esquire Soard Panel Chandler, O'-Neal, Avera, U.S. Nuclear Regulatory Gray, Lang & Stripling Commission P. O. Drawer 0 Washi.'ngton, D. 'C. 20555 Gainesville, Florida 32602 Ivan W. Smith, Esquire William C. Wise, Esquire Atomic Safety and Licensing Suite 200 Board Panel 1019 19th Street, N.W.
U.S. Nuclear Regulatory Washington, D. C. 20036 Commission Washington, D. C. 20555 David A. Leckie Antitrust Division Jerome F. Sharfman Department of Justice Atomic Safety and Licensing P. O. Box 7513 Appeal Board Washi;ngton, D. C. 20044 U. S. Nuclear Regulatory Commission C. R. Stephens, Supervisor (20) 4350 East West Highway Docketing and Service Station Bethesda, Maryland 20014 Office of the Secretary of the Commission Michael C. Farrar Washington, D. C. 20555 Atomic Safety and Licensing Appeal Board Secretary U.S. Nuclear Regulatory U. S. Nuclear Regulatory Commission Commission 4350 East West Highway Washington, D. C. 20555 Bethesda, Maryland 20014
Jerome Saltzman Chief, Antitrust and Indemnity Group Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Atomic Safety and Licensing Appeal Board Panel U. S. Nuclear Regulatory Commission, Washington, D. C. 20555 Alan S. Rosenthal, Esquire Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555