ML18227D543

Response of Florida Power & Light Company to Motion of City of Quincy to Withdraw from These Proceedings as an Individually Named Party

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 (St. Lucie Plant, Units No.

1 and No.

2)

Florida Power 6 Light Company (Turkey Point Plant, Units No.

3 and No.

4)

Florida Power 6 Light Company (Two Nuclear Units)

Docket Nos.

50-335A 50-389A 50-251A Docket No.

P-636A

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

'ommission, each entity desiring to avail itself of such representa-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

"/ If Quincy desires to have its view of the public interest. before the Commission it can do so by offering a limited appearance state-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 will'be no further proceedings.

If.it is granted, an Atomic Safety and Licensing Board'ill be designated to conduct further'roceedings, and the question may be resolved there.

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, P

~ I

~

I

'V 4

~

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f DATE:

July 26, 1977 J.

A.

B knight, Jr'.

Linda Hodge Lowenstein,

Newman, Reis and, Axelrad 1025 Connecticut Avenue, N.H.

Wash-'ngton, D. C.

20036 (202) 833-8371 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 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD I

In the Matterof;

)

)

Florida Power

& Light Company

).

(St. Lucie Plant, Units No.

1

)

and No.

2)

)-

)

Florida Power

& Light Company

)

(Turkey Point Plant, Units

)

No.

3 and No.

4)

)

)

Florida Power

& Light'ompany

)

(Two Nuclear Units)

)

Docket Nos.

50-335A 50-389A Docket Nos.

50-250A 50-251A Docket Nos.

P-636A CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the following:

Response

of Florida Power

& Light Company to of Quincy to Withdraw From These Proceedings "Motion of City 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 Office of the Commissioner U.

S. Nuclear Regulatory Commission Washington, D.

C.

20555 Commissioner Victor Gilinsky Office of the Commissioner U.S. Nuclear Regulatory Commission Washington, D.

C.

20555 Robert M. Lazo Atomic Safety and Licensing Board Panel'.S.

Nuclear Regulatory Commission Washington, D.

C.

20555 John M. Frysiak,'squire Atomic Safety and Licensing Soard Panel U.S. Nuclear Regulatory Commission Washi.'ngton, D. 'C.

20555 Ivan W. Smith, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.

C.

20555 Jerome F.

Sharfman Atomic Safety and Licensing Appeal Board U.

S. Nuclear Regulatory Commission 4350 East West Highway

Bethesda, Maryland 20014 Michael C. Farrar Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission 4350 East West Highway

Bethesda, Maryland 20014 Richard S.

Salzman Atomic Safety and Licensing Appeal Board U.

S. Nuclear Regulatory Commission 4350 East West Highway

Bethesda, Maryland 20014 Lee Scott Dewey Counsel for theStaff U. S. Nuclear Regulatory Commission 7735 Old Georgetown Road

Bethesda, Marlyand 20014 Robert A. Jablon, Esquire Daniel J.

Guttman, Esquire 2600 Virginia Avenue, N.W.

Washington, D.

C.

20037 William H. Chandler, Esquire

Chandler, O'-Neal, Avera,

Gray, Lang

& Stripling P.

O. Drawer 0

Gainesville, Florida 32602 William C. Wise, Esquire Suite 200 1019 19th Street, N.W.

Washington, D.

C.

20036 David A. Leckie Antitrust Division Department of Justice P.

O. Box 7513 Washi;ngton, D.

C.

20044 C.

R. Stephens, Supervisor (20)

Docketing and Service Station Office of the Secretary of the Commission Washington, D.

C.

20555 Secretary U. S. Nuclear Regulatory Commission Washington, D.

C.

20555

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