ML19308D798

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Discusses Util Objection to City of Gainesville Conditional Request for Hearing & Petition to Intervene. Requests Granting of Request
ML19308D798
Person / Time
Site: Crystal River Duke Energy icon.png
Issue date: 11/13/1972
From: Spiegel G
SPIEGEL & MCDIARMID
To: Oleary J
US ATOMIC ENERGY COMMISSION (AEC)
References
DR-5084, NUDOCS 8003180737
Download: ML19308D798 (3)


Text

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FROM CONTROL NUM8tR FILE LOCAllON e-ene 8,1 s=1 5084 Washingten3 O. C.

oAtt OF oOCuMENi A CliO N COuPLEfiON oE AoLiNe 11/13/72 12/4/72 10 ACilON PROCESSING D ATES PREPARE FOR 5tGNAfuRE OF:

A c knowle dg e d C hair m an Interim Report D6 rector of Regulohon Final "E"^""5 CE5CainfiON g,gg go,ie aai D Coar D Other Esqueste that the City of Gainesville's Ceeditional Esquest for Esaring and Petition to Intervene in proceedings for Crystal River #3 he granted REFEGRED TO D A TE IS NOliFIC AfiON 10 IME JC AE REC MBENDED?

Shaper C,.: 0'imary Braitana FDR

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h GEORGE SPIEGEL 2600 VIRGINIA AVENUE, N. W.

Q WASHINGTON, D. C. 20037 November 13, 1972 GEORGE SP6EGEL TELEPMONE 3338440 4 AMES F. F AIRM AN. JA.

AREA CODE 202 NOSERT C. MCDIAAMs0 SANDRA J STRESEL Mr. John F. O' Leary, Director Directorate of Licensing United States Atomic Energy Commission Washington, D. C.

20545 Re:

Crystal River No. 3 Nuclear Generating Unit, Docket Nos. 50-302 and 50-302A

Dear Mr. O' Leary:

I has recently come to our attention that Florida Power Corporation requested that the Commiss, ion deny the City of Gainesville's Conditional Request for a Hearing and Petition to Intervene.

In its letter of September 1, 1972, Florida Power states that Gainesville's concern was limited to commitment No. 3 which dealt with the obligation by Florida Power to exchange bulk power by transmission over its systetas between or among other entities with which it is connected.

This is an oversimplification of Gainesville's concern.

Commitment No. 3 and the explanatory notes thereto and the other 4 Commitments have been of concern to Gainesville since April 12, 1972 when it petitioned to intervene in this case.

Gainesville has an equal interest in all of the commitments and the explanatory notes contained in the letter to Florida Power from Mr. Abraham Braitman dated May 18, 1972.

These commitments and their explanatory notes were produced as a result of agree-ments between counsel and were, we believed, the conditions to be made a part of any license granted to Florida Power.

They are interrelated.

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Mr. John F. O' Leary, Director Page Two.

We view with deep concern any attempt on the part of Florida Power to substantively dhange these commitments, which we now are informed has been attempted as recently as October 4, 1972.

For these reasons we request the Commission to change its position with respect to our petition to intervene which it filed on June 26, 1972.

In that petition the Staff stated: " explanatory notes have been discussed and a mutual understanding with counsel as to all has not been attained; however, only a few points remain unresolved."

It is now clear tha much more than a "few points" are being discussed and con-sidered without our knowledge or participation.

Gainesville's participation as a full party to these proceedings appears imperative if its concerns are to be protected.

We therefore respectfully request that Gainesville's Conditional Request for Hearing and Petition to Intervene be granted.

Sincerely,

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George Spiegel GS jdf Attorney for City of Gainesville, cc: Wallace E. Brand, Esquire Florida Joseph Rutberg, Esquire Stanley A. Brandimore, Esquire