ML20024F903

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Memorandum & Order (Scheduling Reply to Answers to Petition).* Good Cause Exists to Bar Further Filing of Contentions Absent Showing Per 10CFR 2.714 (a)(1)(i) - (V). W/Certificate of Svc.Served on 901206
ML20024F903
Person / Time
Site: Turkey Point  NextEra Energy icon.png
Issue date: 12/05/1990
From: Frye J
Atomic Safety and Licensing Board Panel
To:
NUCLEAR ENERGY ACCOUNTABILITY PROJECT
References
CON-#490-11155 91-625-02-OLA-6, 91-625-2-OLA-6, OLA-6, NUDOCS 9012270124
Download: ML20024F903 (3)


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.j//55 a ti ii. p UhrC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 90 DEC -5 P4 :39 ATOMIC SAFETY AND LICENSING BOARD

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Before Administrative Judges M M %: w afi

w John H Frye, III, Chairman Dr. Charles N. Kolber SERVED DEC - 61990 Dr. David R.

Schink In the Matter of:

Docket Nos. 50-250-OLA-6 FLORIDA POWER AND 50-251-OLA-6 LIGHT COMPANY (Emergency Power System Enhancement)

(Turkey Point Plant, ASLBP No. 91-6 2 5-02 -O LA-6 Unit Nos. 3 & 4)

December 5, 1990 MEMORANDUM AND ORDER (Scheduling Reply to Answers to Petition)

On September 26, 1990, the Commission published a notice (55 Fed. Reg. 39331) indicating that it has under consideration an application for amendments to the operating license for units three and four of Florida Power and Light Corpany's (FPL) Turkey Point station.

These amendments would enhance the Emergency Power System for these units.

The notice provided an opportunity for inter;sted members of the public to request a hearing.

Thomas J. Saporito and the Nuclear Energy Accountability Project (NEAP) have filed a petition dated October 25, 1990, for leave to intervene and a request for a hearing in response to this notice.

Their petition states seven contentions which they seek to have litigated.

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9012270124 901205

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. answers dated November 9 and 14, 1990, respectively, both FPL and Staff oppose the petition on the grounds that the Petitioners lack standing and have failed to state a litigable contention.

This Board was appointed to rule on the petition and to preside over any resulting proceeding on November 30, 1990.

In light of the fact that Petitioners have stated contentions, we find that good cause exists to bar the further filing of contentions absent a showing pursuant to 10 CFR S 2.714 (a) (1) (1) - (v).

See 10 CFR S 2.711(a).

However, before ruling on the petition, we will afford Petitioners and opportunity to respond to the answers filed by FPL and Staff, including FPL's December 5 response to Petitioners' notices of chanite of address.

Houston Lichtina and Power Comoany, Allens Creek Nuclear Generating Station),

ALAB-565, 10 NRC 521 (1979).

Petitioners response is to be filed and served no later than January 4, 1991.

It is so ORDERED.

For the Atomic Safety and Licensing Board Jo n i FQe, III, Chairman A J:N STRATIVE JUDGE Bethesda, Maryland December 5, 1990 i

l

UNITED STATES'0F AMERICA NUCLEAR REGULATORY COMMISSION

.!n the Matter of l

I FLORIDA POWER AND LIGHT COMPANY I

Docket No.(s) 50-250/251-OLA-6 I

(Turkey Point Plant. Unit Nos. 3 & 4) 1 I

l CERTIFICATE OF SERVICE

! herebv certify that cooles of the forsootno LB M&O (SCH. REPLY TO ANS...)

have been served upon the f ollowino persons by U.S. mall first class. except as otherwise noted and in accordance with the recuirements of la CFR Sec. 2.712.

Atomic Safety and Licensino Appea)

Administrative Judoe Board John H. Frye. !!!. Chairman U.S. Nuclear Reculatory Commission Atomic Safety and Licensino Board Washinoten. DC-20555 U.S. Nuclear Reculatory Commission Washinoton, DC 20555 Administrative Judoe Administrative Judoe Charles N. Kelber David R. Schink Atomic Safety and Licensino Board Department of Oceancorachv U.S. Nuclear Raoulatory Commission Texas A&M University Washinoton. DC-20555 Collece Station. TX 77843 Patricia Jehle. Eso.

Thomas J. Saporito. Jr.

Office of the General Counsel Executive Director U.S. Nuclear Reoulatory. Commission Nuclear Eneroy Accountability Project Washinoton, DC 20555 P. O. Box 129 Jupiter. FL 33468 Harold F. 6eis. Eso.

Newman & holtzincer. P.C.

Suite 1000 1615 L Street. NW

. ashinoton DC.

20036 W

. Dated at Rockville. Md. this 6 day of December.1990 Offic___

............ks-s.................

of the Secretary of the Commission