ML20009H430
| ML20009H430 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie, Turkey Point  |
| Issue date: | 08/03/1981 |
| From: | Johari Moore FLORIDA POWER & LIGHT CO., GAINESVILLE, FL |
| To: | |
| Shared Package | |
| ML20009H426 | List: |
| References | |
| 68-305-CIV-J-WC, 79-5101-CIV-JLK, 80-1099, NUDOCS 8108100097 | |
| Download: ML20009H430 (23) | |
Text
.
THE SETTLEMENT AChEEMENT This agreement is made by and between Florida Power & Light Company
("FPL*) and the City of Gainesville, Florida, including the Gainesville- :
b Utilities Department, ("Gainesville"), in its own right and as successor .
y to the Gainesville-Alachua County Regional Dectric, Water and Sewer j, Utilities Board, kr,y WITNESSETH pj,
-h In order to settle differences between the parties and to establish 'l 1
. additional arrangements for mutually beneficial coordination of their ;L twar utilities, the parties mutually agiee as follows:
S'ection 1. On or before August 4,1981, FPL will pay to Gainesville the sum of $5,000,000 in casn.
Section 2. Concurrently with the payment proviced for in Section 1, (a) FPL and Gainesville will enter into a stipulation in the form l attached hereto as Appendix A dismissing with prejudice the antitrust case between Gainesville and FPL pending in the United States District.
Court for the Middle District of Florida (Gainesville Utilities
_ decartment and the City of Gaine.sville, Fla. v. Florida Power & Light ,_ _
Comoany, Case No. 68-305-Civ-J-WC), (b) FPL and Gainesv_ille will enter l into a stipulation in the form attached hereto as Appendix B dismissing with prejudice as between Gainesville and FPL the Miami antitrust litigation (Gainesville, et al. v. FPL Docket No. 79-5101-Civ-JLK),(c) __
Gainesville will provide to FPL an executed covenant not to sue in the 810e10oo97 810806 PDR ADOCK 05000389 M PDR f
form attached hereto as Appendix C, (d) FPL will provide to Gainesville an executed covenant not to cue in the form attached hereto as Appendix 0, and (e) Gainesville will advise the Nuclear Regulatory Commission
("NRC") that it accepts the settlement License Conditions (" License Conditions") which became effective on April 27, 1981, in NRC Occket Nos. 50-389 and 50-389A, withdraw from those proceedings, and withdraw its request for a 105a hearing befor* the NRC in Docket Nos.- 50-250A, 50-251A, 50-335A, and 50-389A, and withdraw its appeal in the 105a matter before the United States Court of Appeals for the District of Columbia Circuit (No. 80-1099) in the form of the documents attached [
hereto as Appendix E. Gainesvilla agrees (a) not to seek directly or- f indirectly any relief from the NRC in the proceedings identified above i
and (b) not to assert before any forum any matters being asserted by
{
Gainesville in any of the litigation and proceedings identified above, provided, hcwever, that nothing in this agreement shall preclude Gainesville from accepting miief not sought directly or indirectly by Gainesville but provided by NRC for non-parties to the above-identified 1
I proceedings, nor shall it require Gainesville to withdraw from l
l proceedings pending before the Federal Energy Regulatory Commission or from appellate proceedings resulting therefrom in which Gainesville is now a party or prevent Gainesville from asserting in such proceedings any claims, contentions, or defenses.
Section 3. FPL will establish a transmission service credit l (" Credit") with a value of 53,000,000 on the date specified in Section i l
above (" Closing Date") for use by Gainesville. Gainesville shall have l
the right to assign all or any part of such Credit to any other utility.
FPL shall apply billings to Gainesville or its assignees for l .
2 /
transmission service calculated at applicable rates to the Credit as such bills are rendered. The unused balance of the Credit shall accrue interest on the following basis:
(a) an Interest Increment shall be added to the unused balance of the Credit at the end of each 13 week period (" Period")
following the Closing Date.
(b) the Interest Increment shall be determined by multiplying the Period Interest Rate (expressed as a decimal) by the Period i
Average Credit Balance. j}
(c) the Period Interest Rate shall be one-fourth of the annual rate for 13-week Treasury Bills established and quoted in i financial publications nearest in time to the beginning of the Period J.
.(,
(d) the Period Average Credit Balance- shall be the C edit Balance Beginning plus the Credit Balance Ending divided by two.
(e) the Credit Balance Beginning shall be the Credit Balance Ending the preceding Period ($3,000,000 in the first Period) i plus the Interest Increment determined at the end of such preceding Period. .
(f) the Credit Balance Ending shall be the Credit Balance Beginning less any billings applied to the Credit during such Period for transmission servica rendered by FPL to Gainesville or its assignees.
t (g) at the beginning of any Period FPL shall have the option to pay the Credit Balance Beginning to Gainesville or its assignee in cash.
5t l
3ection 4 Gainesville and FPL agree to interconnect their respective systems, and to share the costs of such interconnection equally, unless otherwise mutually agreed. Gainesville and FPL shall I
promptly ccmence good faith negotiations to reach agreement on the technical provisions, division of responsibilities, construction schedule and other necessary provisions for the interconnection, which provisions shall be included in an agreement which shall be executed by both parties. The agreement shall provide for applying the unused and unassigned balance of the Credit as established in Section 3 herein to q,
Gainesville's share of the interconnection costs. Gainesville will, to i1 the extent permissible by applicable laws and regulations, attempt to l!
finance with tax exempt revenue bonds an additional portion of the interconnection under a mutually acceptable sell-back agr'eement with
' Y FPL. +
Section 5. The parties agree that FPL has made a 2.09359%
ownership share in FPL's St. Lucie Unit No. Z available to Gainesville on the terms provided in the NRC License Conditions and FPL hereby approves and accepts the assignment to the Florida Municipal Power Agency ("PiPA") by Gainesville of all of its rights to participate in such 2.09359% ownership share, provided that FPL's acceptance of this assignment shall not be deemed to preclude FPL frcm seeking, as a condition to entering into a participation agreement with FMPA, reasonable assurance of FMPA's financiz,1 and legal ability to perfom its obligations to FPL by reason of FMPA's participation in such ownership share, to the extent FPL has the right to do so.
Gainesville's assignment to FMPA shall be irresacable except, however, that (a) Gainesville is hereby given the right to reacquire its right to
- I z
9 participate in such ownership share at any time prior to the time the down payment required urider the License Conditions is due, and (b) if FMPA fails timely to make such dcwn payment or the initia'. payment required by the participation agreement, Gainesville is hereby given the right to reacquire its right to participate in such ownership share and to transfer, assign or convey its right to participate in s0ch ownership share to any other utility which was given the right to participate in
.it. Lucie Unit No. 2 pursuant to the License Conditions provided that such right to transfer shall not be deemed to preclude FPL from seeking reasonable assurar.ce of the utility's financial and legal ability to parform its obligations to FPL in respect to such ownership share. It is mutually agreed, hcwever, that any right to participate obtained by such acquisition by Gainesville : rich transfer to another utility n L
by Gainesville must be exercised ::; 3ainesville and/or such other-utility or either of them as follows:
(i) by Gai.- ille or its assignee making such down payment wi- 50 days after the date Gainesville is notified by FPL of FMPA's failure timely to make the down payment, or (ii) by Gainesville or its assignee making such initial payment within 120 days after the date on which Gainesville is notified by FPL of FMPA's failure timely to make such initial payment.
Section 6. (a) At Gainesville's sole option, said option to be exercised by notice to FPL given not.later than January 1,1983, FPL shall execute with Gainesville a Nuclear Reliability Exchange Agreement providing an exchange of one half (1/2) of Gainesville's power and j'
5
energy from St. Lucie Unit No. 2 for rights to receive power and energy from St. Lucie Unit No. 1. Except for variance necessary to reflect the amount of Gainesville's ownership interest in St. Lucie Unit No. 2, the terms of such reliability exchange agreement shall be the same ter.ns as are contained in the "St. Lucie Nuclear Reliability Exchange Agreement between Flurida Power & Light Company and Orlando Utilities Comission,"
dated December 11, 1980.
(b) The rights provided to Gainesville in this Sec. tion 6 are limited to the 2.09359% ownership share in FPL's St. Lucie Unit No. 2 made available to Gainesville on the terms provided in the License
- Conditions or to Iry portion (s) of such ownership share for which the ,
option is exerci. and such rights may only be exercised by the owner of such 2.093595 :.4nership share or of any portion thereof to the extent of such portion; provided, however, that if Gainesville has assigned its -
rights to such ownership share as provided in Section 5, such rights as provided herein shall not be transferred to any such assignee of Gainesville unless Gainesville has exercised its option pursuant to i subsection (a) above and Gainesville has provided written authorization to FPL to execute such 'a Nuclear Reliability Exchange Agreement with l .
Gainesville's assignee.
(c) Gainesville shall have the right to assign its rights which are provided in this Section 6 but that right is limited to assignment
(
to R4PA or to any other utility to which Gainesville has assigned the right to participate in the 2.09359% ownership share made available to l
Gainesville.by FPL or any portion of such ownership share to the extent of such portion. In the event Gainesville assigns a portion of its right to participate in the 2.09359% ownership share the amount to be 6 .- . _ __ . _
1 exchanged in respect to such portion as provided in subsection (a) above shall be limited to one half of the portion assigned.
(d) Under no circumstances shall FPL be obligated to provide power and energy from St. Lucie Unit No.1 in exchange for power and energy -
from any ownership interest in St. Lucie Unit No. 2 except to the owner of such interest in St. Lucie Unit No. 2 who shall be a party (by execution or assignment pursuant to this section) to a nuclear reliability exchange agreement with FPL as provided in Section 6 (a).
Section 7. Should FPL hereafter enter into.a settlement with any other municipal electric utility under which that utility will receive proportionately greater benefits than would be provided to Gainesville under this settlement in consideration of settlement of the Miami litilation and/or tha . proceedings identified in Section 2, at Gainesville's request FPL's cbligation to Gainesville hereunder will be increased in order to provide Gainesville any such greater benefits, provided that FPL may requte Gainesville, as a condition for such increase, to modify this settlement to embody any other terms of such future settlement of the Miami litigation and the NRC proceedings whien FPL may desire. The benefits to Gainesville provided under this agreement in consideration of settlement of the Miami antitrust litigation and the NRC proceedings identified in Section 2 are those specified in Sections 5 and 6, the dismissal with pre, judice of FPL's claims against Gainesville in the Miami antitrust litigaticn, pursuant to Section 2, and that portion of the amount specified in Section 1 which represents 55% of the litigation expnses incurred by Gainesville through August 1,1981, with respect to the Miami antitrust litigation and the NRC proceedings. Gainesville believes that if it were to 7 _ _
continue to litigate the NRC proceedings and the Miami case it would receive greater benefits than herein provided for settlement of that litigation. FPL believes otherwise. However, in order to settie their differences, Gainesville and FPL agree to sett.le the NRC proceedings and the Miami case on the stated basis.
Section 8. All disputes arising out of Section 4 of this settlement agreement which the parties hereto are unable or unwilling to resolve by negotiation shall be resolved by binding arbitration conducted pursuant to the Commercial Arbitration Rules of the American Arcitration Association. The decision of the arbitral tribunal shall be binding and conclusive as to the rights and duties of the parties hereto, and judgment upon the decision may be entered by any court of competent jurisdiction.
ATTEST: FLORIDA POWER & LIGHT COMPANY
&Uh 9f ggk, '
/ /.9,s/fM / 17f3/2-i'
- urr SEcdETA1Mi Se[VfIe-President Date ATTEST
- CITY OF GAIN O " ' E
/ k
/ /Ih ,/
.. // J// . Y// $ w b Nb Clerk N the Commission MayIr-Commissioner Dke l Approved as to form and correctness l
er ,0 L &- A&]'
.T.6sakenc.erger, City Attorry 1 ct GaincMa, Florida
( 8 sme. L_srar*n
APPENDIX A IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION GAINESVILLE UTILITIES DEPARTMENT )
and CITY OF GAINESVILLE, FLORIDA, )
Plaintiffs , )
) CASE NO. 68-305-Civ-J-WC V.
FLORIDA POWER & LIGHT CO., )
Defendant. )
STIPULATION FOR DISMISSAL WITH PREJUDICE Pursuar.t to Rule 41(a)(1) of the Federal Rules of Civil Procedure, plaintiffs Gainesville Utilities Department and the City of Gainesville, Florida, and defendant Florida Power & Light Company hereby stipulate, consent and agree, without admission by any party as to any issue of law or fact herein, that this action shall be dismissed'with prejudice, with each party to bear its own costs.
l For the Plaintiffs:
l Wortn Rowley, Attorney For the Defendant:
~ ~ ~ ~~
James E. Coco, Attorney Af 95
~
l APPENDIX B IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA THE CITY OF GAINESVILLE, et al.,
Plaintiffs, Civil Action No.
- v. 79-5101-Civ-JLK FLORIDA POWER & LIGHT COMPANY, .
Defendant.
STIPULATION Plaintiffs the City of Gainesville, Florida, and the Gainesville-Alachua County Regional Electric, Water cnd Sewer Utilities Board by its successor, the City of Gainesville, Florida
("Gainesville"), an'd defendant Florida Pcwer & Light Company ("FPL")
hereby stipulate, consent, and agree, without admission by any party as to any issue of law or fact herein, as follows:
- 1. Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, this action shall be dismissed with prejudice as between Gainesville and FPL, with each party to bear its own costs.
- 2. The Court is requested to determine that there is no just reason for delay and to direct the entry of a final judgment cismissing this action with prejudice as between Gainesville y,d FPL, with each party to bear its own costs.
- 3. The Court is rec,uested to retain jurisdiction of this
' action as between Gainesville and FPL for purposes of enforcing the settlement agreement between them (attached) except for any matters subject to arbitration pursuant to Section 8 thereof and except for any
\
matter subject to the exclusive regulatory jurisdiction of state or o
federal authorities.
For Gainesville:
George Spiegel, Attorney For Florida Power & Light Ccmpany:
Alvin B. Davic, Attorney I
e So ordered, determined, and directed:
i Unitec States District ducge i
APPENDIX C COVENANT NOT TO SUE KNOW ALL MEN BY THESE PRESENTS THAT City of Gainesville, Florida, a municipal corporation, including the Gainesville Utilities Department, in its cwr, right and as successor to the Gainesville-Alachua County Regional Electric, Water and Sewer Utilities Board (collectively "Gainesville"), on behalf of themselves and all persons claiming under
( them and their predecessors, successors, and assigns, and all of their past, present, and future officers, agents and employees, and their respective heirs and legal representatives, for good and valuable consideration from Florida Power & Light Company ("FPL"), a corporation incorporated under the laws of the State of Florida, the receipt of ,
i which is hereby acknowledged, do hereby covenant and agree to forever refrain from instituting, maintaining, procuring, or in any way
! voluntarily aiding any suit, cause of action, claim or proceeding of any kind against FPL, FPL's past, present and future parents, subsidiaries, and successors, and the officars, directors, partners, agents, and employees of FPL and such parents, subsidiaries, and successors, and the heirs and legal representatives of s'uch officers, directors, employees, partners, and agents, arising out of all, and all manner of, actions and causes of actions, suits, claims, contentions, judgments or defenses (1) under or based or grounded upon (a) the antitrust laws of the United States, as defined in 15 U.S.C. 512(a) as amended, together with the Federal Trade Commission Act,15 U.S.C. 545, as amended, (b) the antitrust laws of the State of Florida, Fla. Stat. 55501.204,501.211,
542.05, 542.10 and 542.12, (c) the Atomic Energy Act of 1954, 42 U.S.C.
192011 et seg. , (d) Sections 4, 5 and 7 of the Natural Gas Act,15 U.S.C. Il717c, 717(d) and 717f, or (e) Sections 205 and 206 of the Federal Pcwer Act,16 U.S.C. Il824d and 824e, to include without limitation those causes of actions, suits, claims, contentions, judgments and defenses which could be asserted under those Acts in any court or administrative forum, proceedings, or hearing of the United States or any state, and/or (2) under or based or grounded upon the matters alleged in Case No. 68-305-Civ-J-WC in the United States District Court for the Middle District of Florida or Civil Action No.
79-5101-Civ-JL4 in the United States District Court for the Southern District of Florida, whether they be presently known or unknown or suspected or unsuspected, and whether they be related or unrelated to the litigation referred to above as to law or facts or both, which against FPL Gainesville ever had, now has or which their heirs, executors, administrators, successors, or assigns, or any of them, Mreafter can, shall or may have, for, or by reason of any cause, matter l or thing whatsoever, from the beginning of the world to the date of this Covenant Not to Sue, except for enforcement of the Settlement Agreement entered into between Gainesville and FPL on August 3,1981 and except for payments that may be due Gainesville from FPL for sales or purchases of power or transmission services and except that nothing in this Covenant Not to Sue shall require Gainesville to withdraw from proceedings pending before the Federal Energy Regulatory Commission or from appellate proceedings resulting therefrom in which Gainesville is C-2
now a party, or prevent Gainesville from asserting in such proceedings any claims, contentions, or defenses.
Gaitiesville expressly reserves all rights to institute, maintain, precure, or aid in any suit, cause of action, claim or proceedir.g of any kind arising out of any matter cr thing against any person, party or entity other than FPL.
IN WITNESS WHEREOF, pursuant 20 a vote of the City Commission
~
of the City of Gainesville duly taken on August 3, 1981 1 hereunto subscribe on behalf of the City of Gainesville and affix the seal of the City this day of _
, 1981. _ . ___ __
City of Gainesville, Florida 1
1 Mayor-Commissioner ATTEST:
Clerk of the Ccmmission C-3 ,,
APPENDIX D COVENANT NOT TO SUE KNOW ALL MEN BY THESE PRESENTS THAT Florida Power & Light Company ("FPL"), a corporation incorporated under the laws of the State of Florida, on behalf of itself and all persons claiming under it and its predecessors, successors, and assigns, and all of their past, present, and future officers, agents and employees, and their respective heirs and legal representatives, for good and valuable consideration from City of Gainesville, Florida, a municipal corporation, including the Gainesville Utilities Department, in its own right and as successor to the Gainesville-Alachua County Regional Electric, Water and Sewer Utilities Board (collectively "Gainesville"), the receipt of which is hereby acknowledged, does hereby covenant and agree to forever refrain from instituting, maintaining, procuring or in any way voluntarily aiding any suit, cause of action, t.laim or proceeding of any kind dgainst Gainesville, Gainesville's past, present and future parents, subsidiaries, and successors, and the officers, directors, partners, ,
agents, and emoloyees of Gainesville and such parents, subsidiaries, and successors, and the heirs and legal representatives of such officers, directors, employees, partners, and agents, arising out of all, and. all manner of, actions and causes of actions, suits, claims, contentions, judgments or defenses (1) under or based or grounded upon (a) the antitrust laws of the United States as defined in 15 U.S.C. 912(a) as amenced, together with the Federal Trade Commission Act, 15 U.S.C. 545, as amended, (b) the antitrust laws of the State of Florida, Fla. Stat.
I
~ -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . h/ ;
15501.204, 501.211, 542.05, 542.1C and 542.12, (c) the Atomic Energy Act of 1954, 42 U.S.C. 542011 et seq., (d) Sections 4, 5 and 7 of the Natural Gas Act,15 U.S.C. 55717c, 717(d) and 717f, or (e) Sections 205 and 206 of the Federal Power Act,16 U.S.C. 55824d and 824e, to include without limitation those causes of actions, suits, claims, contentions, judgments and defenses which could be asserted under those acts in any court or administrative forum, proceedings, or hearing of the. United States or any state, and/or (2) under or based or grounded upon the matters alleged by FPL in its counterclaim against Gainesville in Civil Action No. 79-5101-Civ-JLX in the United States District Court for the Southern District of Florida, whether they be presently known or unknown or suspected or unsuspected, and whether they be related or unrelated to the litigation referred to above as to. law or facts or both, which against Gainesville FPL ever had, now has, or which its heirs, -
executors, administrators, successors, or assigns, or any of them, hereafter can, shall or may have, for, or by reason of any cause, matter or thing whatsoever, from the beginning of the world to the date of this Covenant Nct to Sue, except for enforcement of the Settlement Agreement entered into between Gainesville and FPL on August 3,1981 and except for payments that may be due FPL from Gainesville for sales or purchases of power or transmission services and except that nothing in this ,
Covenant Not to Sue shall require FPL to withdraw from proceedings pending before the Federal Energy Regulatory Commi sion or from appellate proceedings resulting therefrom in which FPL is now a party, or prevent FPL from asserting in such proceedings any claims, cententions, or defenses.
D-2
\
FPL expressly reserves all rights to institute, maintain, procure, or aid in any suit, cause of action, claim or proceading of any kind arising out of any matter or thing against any person, party or entity other than Gainesville.
IN WITNE35 WHEREOF, on behalf of Florida Power & Light Company I have hereunto set my hand and affix the seal of the company this day of , 1981. . _ . _ _ _ _ _ . . . _ .
ATTEST:
~~ ~ ~ ~ ~ ~ ~
Senior Vice-Presioent '
i l
l f
"~'
\
M k/ @7
APPEHDIX El UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
FLORIDA POWER & LIGHT COMPANY ) Docket No. 50-389A (St. Lucie Nuclear Plant, Unit No. 2) )
MOTION OF CITY OF GAINESVILLE TO WITHDRAW _._ _ _ . -
The City of Gainesville, Florida, in its own right and as successor to the Gainesville-Alachua County Regional Electric, Water and Jewer Utilities Board (collectively "Gainesville") has entered into a.
settlement with Florida Power & Light Company ("FPL") of the differences between 3ainesville and FPL in this proceeding. A ccpy of the p
Settlement Agreemant is appended hereto as Appendix A.
Pursuant to that Settlement, Gainesville hereby advises the Board that it accepts the license conditions agreed to by FPL, the Department of Justice and the NRC Staff and approved by the Board on April 24, 1981, and requests leave to withdraw from this proceeding.
Respectfully submitted, Rooert A. Jaolon Alan J. Roth Attorneys for Gainesville August 4, 1981 Law office of:
Spiegel & McDiamid 2600 Virginia Avenue N.W.
Washington, D.C. 20037
l t
APPENDIX E2 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
~
In the Matter of FLORIDA POWER & LIGHT CCMPANY ) Docket No. 50-389-OL-(St. Lucie Plant, Unit No. 2) )
WITFORAWAL OF PETITION FOR LEAVE TO' INTERVENE - . . . . . . .
The Gainesville Regional Utilities ("Gainesville"), having entered
. into a settlement with Florida Pcwer & Light Company ("FPL"), hereby withdraws its petition for leave to intervene in this proceeding. ,
Respectfully submitted, i
F E.
Alan J. Roth l
Attorneys for Gainesville August 4, 1981 Law offices of:
Spiegel & McDiarmid 2600 Virginia Avenue N.W.
Washington, D. C. 20037 ,
I
APPENDIX E3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION Docket Nos. 50-335A FLORIDA POWER & LIGHT CCMPANY )
(St. Lucie Plant, Unit Nos. I and 2) ) 50-389A FLORIDA POWER & LIGHT CCMPANY Docket Nos. 50-250A (Turkey Point Plant, Unit Nos. 3 and 4) ) 50-251A
)
WITHDRAWAL OF REQUEST FOR HEARING ,
The Gainesville-Alachua County Regional Electric, Water and Sewer Utilities ("Gainesville"), together with other Florida municipalities and municipal utility commissions, has petitioned the Comission to institute a proceeding under Section 105a of the Atomic Energy Act of~
1954, as amended, 42 U.S.C. 52135a, against Florida Power & Light Ccmpany ("FPL") by reason of the decision of the Ccurt of Appeals for the Fifth Circuit in Gainesville Utilities Decartment v. Florida Power &
Licht Comoany, 573 F.2d 292, cert. denied, 439 U.S. 966 (1978). The Commission ruled on the petition by order dated December 21, 1979, and Gainesville and the other Florida municipalities and commission have ,
petitioned for review of that order in the Court of Appeals. for the District of Columbia Circuit (No. 80-1099).'
~Gainesville has settled its differences with FPL in this matter.
Pursuant to that settlement, Gainesville hereby withdraws from the petition and withdraws its request that such a Section 105a hearing be instituted.
Respectfully submitted, j
w i
1 Robert A. Jaulon Alan J. Roth Attorneys for Gainesville August 4, 1981 Law offices of:
Spiegel & McDiannid 2600 Virginia Avenue N.W.
Washington, D. C. 20037 9
I A ..
. t. -
,o t
e O
APPENDIX E4 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 80-1099 FT. PIERCE UTILITIES AUTHORITY OF THE ~
PETITIONERS, v.
NUCLEAR REGULATORY COMMISSION, and UNITED STATES OF AMERICA, RESPONDENTS.
FLORIDA POWER & LIGHT COMFANY and THE CITIES OF HOMESTEAD, KISSIMMEE, and STARKE, FLORIDA, INTERVENORS.
ON PETITION FOR REVIEW 0F AN ORDER OF THE NUCLEAR REGULATORY COMMISSION
- - -- AMENDMENT OF PETITION FOR REVIEW - - . -
The Petition for Review in this action was filed on. behalf of the Gainesville-Alachua County Regional Utilities Board ("Gainesville") and other Florida municipalities and municipal utility commissions.
Gainesville has settled with Florida Power & Light Company and has Accordingly, the Petition agreed to withdraw its appeal in this mattar.
for Review is hereby amended to delete Gainesville as an appellant in this matter.
A W_
Respectfully submitted, Robert A. Jaolon Alan J. Roth Attorneys for Gainesvil'le-Al.achua County Pegional Utilities Board c
August 4, 1981 ,
Law office of:
Spiegel & McDiarmid 2600 Virginia Avenue N.W.
Washington, D. C. 20037 , . . ,
v.
l
'