ML19312A169
| ML19312A169 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 05/09/1979 |
| From: | Bowers E Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7905290489 | |
| Download: ML19312A169 (2) | |
Text
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- p UNITED STATES OF AMERICA 5 D10 5
NUCLEAR REGULATORY COMMISSION og AC
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Before the Atomic Safety and Licensing Board
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In the Matter of
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Docket Nos. 50-250-SP FLORIDA POWER & LIGHT COMPANY
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50-251-SP (Tur Po n u
ear Generating po{ed
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c gy a
L ense to Permit Steam Generator Repairs)
ORDER RELATIVE TO PETITIONER'S CONTENTIONS SUBMITTED ON MAY 2, 1979 During the prehearing conference on May 2, 19/9, Petitioner Mark P. Oncavage submitted a new set of conten-tions which superseded all prior contentions.
Both Florida Power and Light (FP&L) and the NRC Staff protested that this was an out of time submittal not permitted by 10 CFR 2.714.
It was explained that the Petitioner had been proceeding pro se;uncil the eleventh hour prior to che prehearing.
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While the Board recognizes that contentions are required to be served fifteen (15) days prior to the prehearing con-ference, we believe we can exercise some discretion in this matter.
It would have been unreasonable to request a response from FP&L and the Staff to the new contentions at
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2 the prehearing conference but the Board is faced with an evaluation of a late petition and consideration of the criteria set forth in 10 CFR 2.712(a)(1) for balancing the factors which weigh in that evaluation.
In our consideration of 2.714(a)(1)(iii) relative to "The extent to which the petitioner's participation may reasonably be expected to assist in developing a sound i
record", we believe it necessary to include a review of the new contentions.
Before we proceed in our review, we think it appropriate to give FP&L and the NRC Staff an opportunity to submit their positions on what the expectations are that the new contentions may contribute to a sound record.
We will expect a response from FP&L ten (10) days and the Staff fifteen (15) days from the receipt of this order.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Yb' N >
bi-m Ili#abeth S.
Eowers, Chairman Dated at Bethesda, Maryland This 9th day of May 1979.
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