ML18227D545
| ML18227D545 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie, Turkey Point  |
| Issue date: | 07/14/1977 |
| From: | Duflo M Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| 50-250A, 50-251A, 50-335A | |
| Download: ML18227D545 (5) | |
Text
UNITED STATES OF AIMRICA NUCLEAR REGULATORY CO ii'iISSION ATONIC SAFETY AND LICENSING APPEAL BOARD Alan S. Rosenthal, Chairman Richard S.
Salzman Jerome E. Sharfman c~$
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Kc 0 In the Natter of FLORIDA POWER AND LIGHT COMPANY (St. Lucie Plant, Unit No.
1)
FLORIDA POWER AND LIGHT COMPANY (Turkey Point Plant, Units No.
3 and 4)
Docket Nos.
0-50-A
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)
)
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Docket. No. 50-335A
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)
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ARGUIIENT ORDER July 14, 1977 The Board will hear oral argument in these proceedings h
at 10:00 a.m.
on Wednesday, August 10, 1977 in the Commission's public hearing.room, 5th floor, East West Towers, 4350 East-West Highway, Bethesda, Maryland 20014.
Argument. will be.,
confined to the following questions:
1.
After a license to operate a nuclear power facility has been issued, what is the extent (if any) of the Commission's authority to modify, amend or revoke that license on antitrust.
grounds?
2.
Assuming that the Commission has authority to amend, modify or revoke operating licenses on antitrust grounds, are there limits on the exercise of that authority depending upon
(a) the nature of the conduct charged or (b) when that conduct occurred?
3.
Again assuming that the Commission has authority to
- amend, modify or revoke operating licenses on antitrust grounds, is the Director of Nuclear Reactor Regulation authorized'nder current regulations to order commencement of proceedings looking toward the possibility of such action?
4.
Are not these proceedings mooted by our decision in ALAB-420, rendered July 12, 1977?
That decision calls for an antitrust hearing on Unit 2 of FPGL's St. Lucie
- plant, and involves the identical petitions, parties,
- counsel, contentions and claims for relief.
Zn formulating answers to the foregoing, the parties should exclude from consideration the Commission's authority to enforce antitrust conditions made part of the operating licenses themselves and the Commission's authority to act after a licensee has been judicially found to have violated the antitrust laws.
Fach side is allowed one hour for argument, the staff and the licensee to share their time erzually unless they agree on some other division.
The petitioners will open the argument and may reserve a portion of their time for rebuttal.
The parties shall advise the Secretary of this Board no later than August 3rd of the name of counsel who will present argument.
It is so ORDERED.
FOR THE ATONIC SAFETY AND LICENSINC~
APPEAL BOARD 1< ~"'.C'lC-'~/
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7 ( i>
margaret E.
Du Plo Secretary to the Appeal Board
UNITED STATES OF AHEPXCA NUCLEAR REGULATORY CO~K'1XSSX0~7 Xn the Hatter of
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FLORIDA POWER AND LXGnx COHPAiiY
)=
(St. Lucie Plant, Units I 6 2;
)
Turkey Point Plant, Units 3 6 4) )
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Docket No.(s) 50-3'3%A.
50;389A 50-250A 50-251A CERTXFXCATE OF SERVICE I hereby certify that I have this day served the foregoing document(s) upon each person designated on the. official service list compiled by the Office of the Secretary of the Commission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Commission's Rules and Regulations.
Dated at Myshingt n, D.
. th day of 197+
0 ice o the Secretary of the Commission
DocRet No. (s) 50-335A and 50-389A'0-2SOA and 50-251A UNITED STATES OF AMERICA NUCLEAR REGULATORY CQWISSION
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In the Matter of
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FLORIDA POIKR AKD LIGHT
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CQ%'ANY
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(St. Lucie Plant, Units 1 and 2; )
Turkey Point Plant, Units 3
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and 4)
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SERVICE LIST Ivan W. Smith, Esq.,
Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
ZOSSS John M. Frysiak, Esq.
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Robert H. Lazo, Esq.
Atomic Safety and Licensing Board U.S. liluclear Regulatory Commission Washington, D.C.
20555 Joseph Rutberg, Esq.
Antitrust Counsel U.S. Nuclear Regulatory Conmission Washington, D.C.
20555 Mr. 'Jerome" Sal'zman, Chief Office of Antitrust and Indemnity U.S.'uclear Regulatory'ommission Washington, D.C.
20555 Joseph J. Saunders, Esq.
Antitrust Division U.S. Department, of Justice Washington, D.C.
20530
'ohn E.
>fatthews, Jr., Esq.
Matthew's Osborne, Ehrlich, McNatt, Gobelman and Cobb 1500 American Heritage Life Building Jacl'sonville, Florida 32202 J.A. BouRnight, Jr, Esq.
Linda L. Hodge,'sq.
Lowenstein, Newman, Reis and Axelrad 1025 Connecticut Avenue, N.W.
Suite 1214 Washington, D.C.
20036 Tracy Danese, Esq.
Vice President Public Affai'rs Florida Power and. Light Company P.O.
Box 013100 Miami, Florida 33101 Robert A. Jablon, Esq.
Spiegel and McDiarmid 2600 Virginia Avenue, N.W.
Washington, D.C.
20037 Indian River Junior College Library 3209 Virginia Avenue Ft. Pierce, Florida 334SO Environmental and Urban Affairs
- " Library
- Flox'ida Internatiotkl University "
Miami, Florida 33199 William H, Chandler,
- Esq, Chandler; O'Neal, Avera, Gray, Lang and Strioling P.O. Drawer 0 Gainesville, Florida 32602 William C. Wise, Esq.
1019 - 19 th Street, N.W., Suite 200 Washington, D.C.
20036