ML20010E444

Response Opposing J Jaffer 810821 Motion for Leave to File Amicus Curiae Briefs & to Be Served W/Notices & Pleadings. Motion Does Not Present Sufficient Case for Exercising Discretion.Certificate of Svc Encl

ML20010E444
Person / Time
Site:	Turkey Point
Issue date:	08/27/1981
From:	Reis H FLORIDA POWER & LIGHT CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8109040135
Download: ML20010E444 (6)

Text

' ~

1. 4 O h-UE UNITED STATES OF AMERICA 'a AUG 311981 > -Q NUCLEAR REGULATORY COMMISSION g h!Band [I 8 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOA g N

In the Matter of )

)

Docket Nos. 50-250-SP 50-251-SP 8 C *%

FLORIDA POWER & LIGHT COMPANY ) {g h]l{ [ h

) (Proposed Amendments to g. I (Turkey Point Nuclear ) Facility Operating 1.icenbr SEP 0 31981 > .

Generating Units Nos. 3 ) to Permit Steam Generato7 g,s,p memam h commiu m and 4) ) Repairs) 0)  ;

4 LICENSEE'S RESPONSE IN OPPOSITION TO MOTION OF A N JOEL JAFFER FOR LEAVE TO FILE AMICUS CURIAE BRIEFS AND TO BE SERVED WITH NOTICES AND PLEADINGS Florida Power & Light Company (FPL) has received, together with a pleading filed by Joel Jaffer in the United States Court of Appeals for the District of Columbia Circuit, a motion by Mr. Jaffer, dated August 21, 1981 and requesting

" leave to appear herein as amicus curiae, and to be served with all notices and pleadings herein whatsoever purnuant to 10 CFR 2.715." The pleadings served upon FPL do not indicate that the motion has been properly filed. However, th's response is submitted in opposition to Mr. Jaffer's motion in the event the Appeal Board decides to consider it.

N FPL submits that the motion does not present a suf-ficient case for the favorable exercise of discretion by the Board pursuant to 10 CFR S 2.715(d). That provision requires any brief of an amicus curiae to "be filed within the time allowed to the party whose position the brief will support."

h 8109040135 810827 fo L n

PDR ADOCK 05000250 0 PDR

I Although the motion does not refer to the " position the brief will support . . . , " it appears from the related pleading filed in tne Court of Appeals that Mr. Jatter opposes the action of the Licensing Board here on review and, therefore, will support the position of the Intervenor.

The time for the filing of the Intervenor's briefs had already passed and those briefs had in fact been filed by August 21, 1981, when the instant motion was submitted.

Intervenor's last brief was filed on August 6, 1981; both the NRC Staff and FPL have already filed their initial briefs.

Despite Mr. Jaffer's statement that he "has interests therein unprotected by the existing parties . . . , " his claim of interest is based on his residence "in Dade County Florida, within 20 miles of the Turkey Point plant . . . ."

In this respect, his interest is in fact no different than that of the Intervenor who lives "approximately 15 miles from the Turkey Point station." Order Ruling on the Petition of Mark P. Oncavage, LBP-79-21, 10 NRC 183, 189, 190 (1979).

Nothing in the motion or the attached pleading suggests that it is likely that Mr. Jaffer will make any substantial contribution in an amicus brief.

Finally, contrary to Mr. Jaffer's statement, 10 CFR S 2.715 does not provide for service of notice and pleadings upon an amicus curiae. FPL submits that grant of the motion

r i

in that respect would be burdensome and could unduly com-plicate this proceeding. See Joel Jaffer v. Miami Beach Redevelopment Agency, 392 So.2d 1305 (S.Ct. Fla.

1980), dismissing Mr. Jaffer's " appeal seeking review of a circuit court order denying him relief in a proceeding to which he was not a party."

Persons, other than interested governmental bodies (10 CFR S 2.715(c), who were not parties to the proceedings before a licensing board may not be parties in the appeal of its decision. Metropolitan Edison Co. (Three Mile Island Nuclear Generating Station, Unit 2) , ALAB-454, 7 NRC 39 (1978); Kansas Gas & Electric Co. (Wolf Creek Nuclear Generating Station, Unit No. 1), ALAB-311, 3 NRC 85, 88 (1976); Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, Units 1 and 2), ALAB-294, 2 NRC 663, 664 (1975).

Imposition of the requirement that Mr. Jaffer be served with all notices and pleadings would confer upon him a privilege to which only a party is entitled.

Respectfully submitted, Harold F. Reis Lowenstein, Newman, Reis & Axelrad 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 Telephone: (202) 862-8410 Counsel for Licensee, Florida Power & Light Company Augast 27, 1981

F UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of ) Docket Nos. 50-250 SP

) 50-251-SP FLORIDA POWER & LIGHT COMPANY )

) (Proposed Amendments to (Turkey Point Nuclear ) Facility Operating License Generating Units Nos. 3 ) to Permit Steam Generator and 4) ) Repairs)

CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT copies of the foregoing " Licensee's Response In Opposition To Motion Of Joel Jaffer For Leave To File Amicus Curiae Briefs And To Be Served With Notices And Pleadings" were served on the individuals whose names appear on the attached service list by deposit in the United States mail, first class, properly stamped and addressed, on this 27th day of August, 1981.

Har61d F. Reis Lowenstein, Newman, Reis &

Axelrad 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 Telephone: (202) 862-8410 Attachment

UNITED STATES OF, AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matte' of ) Docket Nos. 50-250-SP

). 50-251-SP FLORIDA POWER & LIGHT COMPANY )

) (Proposed Amendments to (Turkey Point Nuclear ) Facility OpertLing License Generating Units Nos. 3 ) to Permit Steam Generator and 4) ) Repairs)

SERVICE LIST Alan S. Rosenthal, Esq.

Chairman, Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. W. Reed Johnson Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Thomas S. Moore, Esq.

Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Marshall E. Miller, Esq., Administrative Judge Chairman, Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Emmeth A. Luebke, Administrative Judge l

Atomic Safety and Licensing Board l U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Oscar H. Paris, Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission l

Washington, D.C. 20555 Mr. Mark P. Oncavage 12200 S.W. 110th Avenue Miami, Florida 33176 I

t I

Service List Page Two .

Norman A. Coll, Esq.

Co-Counsel for Licensee Steel, iector & Davis 1400 Southeast First National Bank Building Miami, Florida 33131 Steven C. Goldberg, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Jocketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Burt Saundera, Esq.

Assistant Dade County Attorney 1626 Dade County Courthouse Miami, Florida 33130 Neil Chonin, Esq.

1400 AmeriFirst Building One Southeast Third Avenue Miami, Florida 33131 Henry H. Harnage, Esq.

l Peninsula Federal Building 10th Floor 200 S.E. First Street Miami, Florida 33131

Mr. Joel Jaffer P.O. Box 013956 Miami, Florida 33101 i

I f

l L .