ML20003B933
| ML20003B933 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 02/20/1981 |
| From: | Knotts J SOUTH CAROLINA ELECTRIC & GAS CO. |
| To: | NRC |
| Shared Package | |
| ML20003B934 | List: |
| References | |
| ISSUANCES-A, NUDOCS 8102260183 | |
| Download: ML20003B933 (3) | |
Text
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\\\\Dll1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION E
g BEFORE THE COMMISSION FEB 23198 P :
Ottee of 28 ON I q
In the Matter of:
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SOUTH CAROLINA ELECTRIC & GAS
)
COMPANY and
)
Docket No. 50-395A SCUTH CAROLINA PUBLIC SERVICE
)
AUTHORITY
)
(Virgil C.
Summer Nuclear Station,
)
Unit 1)
)
MOTICN BY SOUTH CAROLINA ELECTRIC & GAS COMPANY TO STRIKE LETTER FROM COUNSEL FOR CENTRAL ELECTRIC POWER COOPERATIVE, INC.
OF FEBRUARY 12, 1981 OR, IN THE ALTERNATIVE, FOR LEAVE TO FILE A REPLY On February 12, 1981, counsel for Central Electric Power Cooperative, Inc.
(" Central") sent a letter to the Secretary of the Commission, attaching a copy of the final Power Systems Coordination Agreement
(" Agreement") between itself and the South Carolina Public Service Authority,
(" Authority").
In the guise of a letter of transmittal, counsel has rehashed arguments contained in prior pleadings, replied without leave l
to do so to comments made in the responses of other parties to the Board's January 15, 1981 order requesting comments on the 1
f Agreement, and urged certain actions by the Commission.
SCE&G moves the Commission to treat this letter as an unauthorir.ed pleading:
all after the first sentence should be stricken.
Consistent treatment of the parties and prior rulings in l
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t this proceeding require the course we propose.
On October 28, 1980, counsel for the Authority sent a letter to the Commission discussing the status of negotiations between itself and 1'
Central, addressing an earlier Department of Justice ("DCJ")
filing on the criteria for a significant change determination, and urging certain actions by the Cc= mission.
By order of October 31, 1980, the Commission stated that it would consider i
this letter only insofar as it discussed the status of negotiations between the Authority and Central.
It held that the letter was improper and would be disregarded insofar as it commented on DOJ's earlier filing, reviewed or argued the facts of the case, or urged any course of action.
This is precisely what the letter now before the Commission does.
This letter can be viewed as a supplement to Central's January 23 comments on the Agreement or as a reply to the
' comments of other parties, or both.
The Commission's January 15 order setting a schedule for these comments did not provide for l
r supplements or replies.
In its October 28 order regarding the i
letter from the Authority's counsel, the Commission stated that its rules of practice provided adequate procedures by which a party might move for relief (10 C.F.R. 2.730).
If Central.
wishes-to supplement the record, it should so move.
f In fact, Central has had ample opportunity to provide comments on the effect of the Agreement on the significant I
i
~ change determination pending before the Commission.
At the i
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time of its January 23 comments, the Agreement was in final i
j form and had been approved by the REA.
Even ignoring the irregularity of this letter, it adds nothing of substance to 4
the record.
Sawever, if the Commission nonetheless chooses to permit i
j.
' Central's letter to remain on the record, parties should be given an opportunity to reply, and SCE&G hereby moves for such s
as alternative relief.
To expedite matters, should the Commission so decide, SCE&G hereby submits the attached "Re:?ly of South Carolina Electric & Gas Company to Central Electric Power Cooperative's Letter of February 12, 1981".
Res ectfully submitted, r
k e'
l Jo e.
B. Knotts, Jr.
Cou..sel for South Carolina l
Electric & Gas Company l
Date:
February 20, 1981 l
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