ML20069B047
| ML20069B047 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 12/22/1981 |
| From: | Green D FLORIDA POWER & LIGHT CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20069B046 | List: |
| References | |
| ISSUANCES-A, NUDOCS 8112240080 | |
| Download: ML20069B047 (6) | |
Text
._
e FPL - December 22, 1981 DOCKETED
- SMC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
~ MCREURL BEFORE TF.E ATOMIC SAFETY AND LICENSING APPEAL h055D'UCE In the Matter of
)
)
Florida Power & Light Company
)
Docket No. 50-389A
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(St. Lucie Plant, Unit No. 2)
)
December 22, 1981 MOTION FOR EXTENSION OF TIME TO FILE EXCEPTIONS On December 11, 1981, the Atomic Safety and Licensing Board conducting this proceeding issued a " Memorandum and Order Concerning Florida Cities' Motion For Summary Disposition On The Merits" ("Memtrandum and Order"). /
The Memorandum and Order contains "a determination that a situation incon-sistent with the antitrust laws does exist." (p. 2.)
The
" Order" contained therein includes the following:
(2) We conclude that the licensing of St.
Lucie Nuclear Plant, Unit 2, would maintain a situation inconsistent with the antitrust laws unless the license is appropriately conditioned.
(p. 52.)
(7) This is an interlocutory decision and is not subject to appeal.
(p. 53.)
The Memorandum and Order also implements "a special objection proceeding in which the parties may persuade us to
-*/
The Memorandum and Ordc. was served by nail on December 14, 1981.
Accordingly, if in appeal lies from the order, excep-tions wculd be due on Lecember 29, 1981.
8112240000 811222';
PDR ADOCK 05000389 A
PDR'
--2 alter our decision." (p. 2.)'
Objections to the Memorandum and Order,'together with supporting briefs, may be filed-lar January 13, 1982; reply briefs by January 22; and argument i
with respect to "specified objections" only scheduled for a
February 9, 1982.
FPL. believes that the procedure of the Licensing Board's considering objections here is a desirable one.-
- However, the Memorandum and Order prescribes procedures which FPL believes would result in (1) the parties' being required to 4
file trial plans, prepare for evidentiary hearings and per-haps actually proceed with an evidentiary hearing on relief (and possibly other issues) before_the Boardtrules on'the objections; and (2) commencement.of hearings under circum-stances where FPL will not have adequate notice of the issues to be heard or a fair opportunity to~ prepare for the hearing.
4 Consequently, FPL is filing today with the Licensing Board a Motion for Modification of Procedural Schedule, which seeks procedures that would render the objection _ process meaningful.
and eliminate the unfairness perceived lar FPL.
FPL is mindful of NRC precedents which indicate that:
(1) an initial decision that contains the findings specified in Section 105a(5) of the Atomic Energy Act of 1954 is final.and may be appealed by filing exceptions under 10 CFR S 2.762, Alabama Power Company (Joseph M. Farley Nuclear Plant, Units 1 and 2), LBP-77-24, 5 NRC 804,962 (1977);
, 2) a licensing
(
board's action disposing of a major segment of a case is final 4
4
- for appellate purposes, Toledo Edison Company (Davis-Besse Nuclear Power Station), ALAB-300, NRC 754, 758 (1975); and (3) filing of a totion for reconsideration of an initial decision does not toll-the time for filing exceptions with the Appeal Board, Consumers Power Company (Midland Plant, Units 1 and 2), ALAB-235, 8 AEC 645 (1974).
If those pre-cedents are applicable to the Memorandum and Order, exceptions to it would have to be filed on or before December 29, 1981.
See unpublished Appeal Board orders, dated April 14 and May 17, 1977, extending the time to file exceptions to the initial decision on liability in the Farley proceeding, supra (Docket Nos. 50-348A and 50-364A), until after completion of the subsequent phase of the proceeding relating to relief.
Therefore, FPL moves that the Appeal Board issue an order extending time for filing of exceptions to the Memorandum and Order until ten days after-service of an order of the Licensing Board ruling on FPL's' Motion for Modification of Procedural Schedule.~*/
If the Licensing Board acts favorably on FPL's Motion for Modification of Procedural Schedule, FPL anticipates that it may request a further extension of time for filing exceptions so that it may avail itself of the opportunity to have objections considered meaningfully by the Licensing Board.
- / _ Counsel for the NRC Staff and the Cities have indicated that they do not object to the extension requested herein.
However, counsel for Cities has asked counsel for FPL to state that Cities do not thereby concode either that the Licensing Board's Memorandum and Order is appealable or that-the procedural ruling of the Licensing Board requested by FPL will be appealable.
I '
4-
~
spectfull submitted,
'd
,s B
' night, Jr.
Douglas G.
Green Lowenstein, Newman, Reis & Axelrad 1025 Connecticut Avenue, N.W.
Washington,-D.C.
20036 Herbert Dym Covington &-' Burling P.
O. Box 7566 Washington, D.C.
20044 s
-Attorneys for Florida Power &
Light Company
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6 UNITED STATES OF AMERICA ED NUCLEAR REGULATORY COMMISSION C0j,gC BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD 81 DEC 22 P4d In the Matter of
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g p;CREUE1 j
50-h8bi?g 3dEgvlCt.
FLORIDA POWER & LIGHT COMPANY
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Docket No.
(St. Lucie Plant, Unit to. 2)
)
oRAN CERTIFICATE OF SERVICE I hereby certify that copies of Motion For Extension Of Time To File Exceptions were served uoon the following persons by hand delivery (*) or by deposit in the U.S. Mail, first class, postage prepaid this 22nd day of December, 1981.
- Alar S.
Rosenthal, Esquire
-1/ Michael A. Duggan, Esquire Atomic Safety and Licensing College of Business Administration Appeal Board Panel University of Texas U.S. Nuclear Regulatory Commission Austin, Texas 78712 Washington, D.C.
20555
- Ivan W. Smith, Esquire
- Christine N.
Kohl, Esquire Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Board Panel Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Docketing and Service Station Office of the Secretary
- Stechen F.
Eilperin, Esquire U.S. Nuclear Regulatory Commission Atomic Safety and Licensins Washington, D.C.
20555 Appeal Board Panel U.S.
Nuclear Regulatory Commission Atomic Safety and Licensing Board t
Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Feter B.
Bloch, Esquire l
Atomic Safety and Licensing Board Atomic Safety and Licensing l
U.S. Ncclear Regulatory Commission Appeal Board Panel Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission l
Washington, D.C.
20555
- Robert M.
Lazo, Esquire Atomic Safety and Licensing Board Thomas Gurney, Sr., Esquire U.S.
Nuclear Regulatory Commission 203 North Magnolia Avenue i
Washington, D.C.
20555 Orlando, Florida 32802 1/ Via Federal Express
Robert E.
Bathen
- Benjamin H. Vogler, Esquire Fred Saffer
- Ann P. Hodgdon R.W.
Beck & Associates Counsel for NRC Staff P.O.-Box 6817 U.S. Nuclear Regulatory Commission Orlando, Florida 32803 Washington, D.C.
20555 Robert A. Jablon, Esquire Charles R.P. Brown, Esquire Alan J.
Roth, Esquire Brown, Paxton and Williams Spiegel & McDiarnid 301 South 6th Street 2600 Virginia Avenue, F.W.
P.O. Box 1418 Washington, D.C.
20037 Fort Pierce, Florida 33450 William C. Wise, Esquire George R.
Kucik, Esquire Suite 500 Ellen E. Sward, Esquire 1200 lEth Street, N.U.
James H. Hulme, Esquire Washington, D.C.
20036 Arent, Fox, Kintner, Plotkin &
Kahn Janet Urban, Esquire 1815 H Street, N.W.
P.O. Box 14141 Washington, D.C.
20006 Washington, D.C.
20044
- Argil L. Toalston William H.
Chandler, Esquire Acting Chief Chandler, O'Neal, Avera, Gray &
Antitrust and Economic Analysis Section Stripling U.S. Nuclear Regulatory Commission Post Office Drawer 0 Washington, D.C.
20555 Gainesville, Florida 32602 Donald A.
Kaplan, Esquire Robert Fabrikant, Esquire Antitrust Division U.S.
Department of Justice-Washington, D.C.
20530 Reubin O.D.
Askew Greenberg, Traurig, Askew, Hoffman, Lipoff, Quentel
& Wolff, P.A.
1401 Brickell Avenue Miami, Florida 33131 Robert R. Nordhaus Van Ness, Feldman, Sutcliffe, Curtis & Levenberc 1050 Thomas Jefferson Street, N.W.
7th Floor Washington, D.C.
20007
{p4guasG.' Green 1
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