ML20039G122

Motion for Order Extending Time to File Exceptions to ASLB 811211 Memorandum & Order Until 10 Days After Svc of ASLB Order Ruling on Parties' Objections to Memorandum & Order

ML20039G122
Person / Time
Site:	Saint Lucie
Issue date:	01/08/1982
From:	Bouknight J FLORIDA POWER & LIGHT CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-A, NUDOCS 8201150305
Download: ML20039G122 (5)

Text

, . FPL - Janunry 8, 1982 UNITED STATES OF AMERICA CocMETEp

• NUCLEAR REGULATORY COMMISSION UT BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BO JAN 11 R2 :10 .;

In the Matter of ) c pc m

) CCcht FLORIDA POWER & LIGHT COMPANY ) Docket No. 50-389A " '

) O (St. Lucie Plant, Unit No. 2) ) January 8, 1982 9' ggCgggg  ;,

JAqI/S a MOTION FOR EXTENSION OF TIME TO FILE EXCEPTIOPE C On December 11, 1981, the Licensing Board in the e y captioned proceeding issued a Memorandum and Order which c . N cluded that licensing of St. Lucie Unit 2 "would maintain a situation inconsistent with the antitrust laws unless the license is appropriately conditioned," p. 52, but which also established "a special objection proceeding" to consider the parties' objections to its decision.

On December 22, 1981, FPL filed with the Appeal Board a

" Motion for Extension of Time to File Exceptions" to the Licensing Board's Memorandum and Order. In that Motion, FPL ,

noted that the Licensing Board had characterized its decision as " interlocutory," but also noted certain precedents which made FPL desirous of ensuring that, by participating in the objection procedure contemplated by the Board, it would not waive any rights of appeal. Concurrently, FPL filed a motion with the Licensing Board requesting modification of the procedural schedule specified by the Board, which FPL feared would not have permitted meaningful consideration of objections. FPL's motion to this Appeal Board requested an 8201150305 82010s -

pI R ADOCK 05000 $# l t

i

extension of time for filing F.xceptions to the Memorandum and Order until ten days after service of the Licensing Board's order on FPL's Motion for Modification of Precedural Schedule.

FPL noted that it would seek a further extension if the Licensing Board acted favorably upon the Motion for Modifica-tion of Procedural Schedule. In an Order dated December 23, 1981, the Appeal Board granted FPL's Motion for an Extension.

The Licensing Board has now granted in part FPL's Motion for Modification of Procedural Schedule (Memorandum and Order, dated December 30, 1981), and has scheduled oral argument on the parties' objections for Febraury 9, 1982. Accordingly, as contemplated in FPL's previous motion for an extension, and in order to ensure that it waives no rights to appeal, FPL hereby requests that the Appeal Board issue an order further extending the time to file exceptions to the Licensing Board's Memorandum and Order of December 11, 1981, until ten days after service of an order by the Licensing Board ruling on the objections of the parties to that Menorandum and Order.

Counsel for the NRC Staff and the Cities have authorized counsel for FPL to state that they do not object to the exten-sion requested herein. However, counsel for Cities has asked counsel for FPL to state that Cities do not thereby concede either that the Licensing Board's December 11, 1981, Memorandum and Order is appealable or that the Licensing Board's ruling on objections to that Memorandum and Order will be appealable.

3-Respectfully submitted,

/{L , A N A. Bduknight, Jr.

uglas G. Green g'

wenstein, Newman, Reis &

Axelrad 1025 Connecticut Ave., N.W.

Washington, D.C. 20036 Herbert Dym Covington & Burling 1201 Pennsylvania Avenue, N.W.

Post Office Box 7566 Washington, D.C. 20044 >

Attorneys for Florida Power

& Light Company

. __ J

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD 4

In the Matter of 5)

FLORIDA POWER & LIGHT COMPANY ) Docket No. 50-389A I )

(St. Lucie Plant, Unit No. 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of Motion for Extension Of Time To File Exceptions were served upon the following persons by hand delivery (*) or by deposit in the U.S. Mail, first class, postage prepaid, this 8th da.v of January, 1982.

• Alan S. Rosenthal, Esquire Michael A. Duggan, Esquire Atomic Safety and Licensing College of Business Administration Appeal Board Panel University of Texas U.S. Nuclear Regulatory Austin, Texas 78712 Commission

, Washington, D.C. 20555 Ivan W. Smith, Esquire Atomic Safety and Licensing Board

• Christine N. Kohl, Esquire U.S. Nuclear Regulatory Commission i

Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board Panel i U.S. Nuclear Regulatory Docketing and Service Station Commission Office of the Secretary Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Stephen F. Eilperin, Esquire Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel Peter B. Bloch, Esquire U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Board U.S. Nuclear Regulatory Thomas Gurney, Sr., Esquire Commission 203 North Magnolia Avenue Washington, D.C. 20555 Orlando Florida 32802 l

, t , e Robert M. Lazo, Esquire Robert E. Bathen

+ Atomic Safety and Licensing Fred Saffer Board R.W. Beck & Associates U.S. Nuclear Regulatory P.O. Box 6817 Commission Orlando, Florida 32803 Washington, D.C. 20555 Robert A. Jablon, Esquire William C. Wise, Esquire Alan J. Roth, Esquire Suite 500 Spiegel & McDiarmid 1200 18th Street, N.W. 2600 Virginia Avenue, N.W.

Washington, D.C. 20036 Wacnington, D.C. 20037 Janet Urban, Esquire William H. Chandler, Esquire P.O. Box 14141 Chandler, O'Neal, Avera, Gray Washington, D.C. 20044 & Stripling Post Office Drawer 0 Donald A. Kaplan, Esquire Gainesville, Florida 32602 Robert Fabrikant, Esqurie s Antitrust Division Reubin O.D. Askey U.S. Department of Justice Greenberg, Traurig, Askew, Washington, D.C. 20530 Hoffman, Lipoff, Quentel

& Wolff, P.A.

Robert R. Nordhaus 1401 Brickell Avenue Van Ness, Feldman, Sutcliffe, Miami, Florida 33131 Curtis & Levenberg 1050 Thomas Jefferson St., N.W. Benjamin H. Vogler, Esquire 7th Floor Ann P. Hodgdon Washington, D.C. 20007 Counsel for NRC Staff U.S. Nuclear Regulatory Commission Charles R. P. Brown, Esquire Washington, D.C. 20555 Brown, Paxton and Williams 301 South 6th Street George R. Kucik, Esquire P.O. Box 1418 Ellen E. Sward, Esquire Fort Pierce, Florida 33450 James H. Hulme, Esquire Arent, Fox, Kintner, Plotkin &

Argil L. Toalston Kahn Acting Chief 1815 H Street, N.W.

Antitrust and Econcmic Analysis Washington, D.C. 20006 Section U.S. Nuclear Regulatory Commission Washington, D.C. 20555

/ kW d Steven P. Frantz j