ML20070A037

Licensee Answer to Petitioner Motion for Reconsideration.* Request for Hearing & Intervention Should Be Denied Due to Petitioner Lack of Standing & Timing of Contentions Is Moot. W/Certificate of Svc

ML20070A037
Person / Time
Site:	Turkey Point
Issue date:	01/09/1991
From:	Bauser M FLORIDA POWER & LIGHT CO., NEWMAN & HOLTZINGER
To:	NRC COMMISSION (OCM)
References
CON-#191-11295 OLA-6, NUDOCS 9101170071
Download: ML20070A037 (5)

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-i U5HkC UNITED STATES OF AMERICA' NUCLEAR _ REGULATORY COMMISSION' 'M m 11 R2:22

. 10lTO Di SECREIAFV

) DOCKi'litiG A 'il nV!C!

N'Ahl In the Matter of ') . .

) Docket Nos. 50-250-OLA-6 FLORIDA POWER & LIGHT COMPANY ) 50-251-OLA-6 1

)

(Turkey Point Plant, ) (Emergency ~ Power System

, Units 3 and 4) ) Enhancement)

)

January 9,-1991 <

i LICENSEE'S ANSWER TO RETITIONER'S MOTION FOR RECONSIDERATION Florida Power & Light Company ("FPL" or " Licensee")

i files thit Answer in opposition to as'much of the " Reply to

! Answers to Petition and Amended Petition" (" Reply")-submitted by Thomas J. Caporito, Jr. (" Petitioner") and dated December 26, 1990, as constitutes a t,ation for reconsideration of the Atomic  ;

Safety and Licensing Board " Memorandum and Order,(Scheduling:

Reply to Answers to_ Petition)," dated December 5, 1990.- in its Memorandum and Order, the Board provided Petitioner with an opportunity to respond to answers filed.by FPL and the NRC Staff,

( dated November 9, and 14, 1990, respectively, which opposed the.

grant of a hearing and intervention-on the grounds-that L Petitioner lacks standing and has fai' led to state a proper contention. Additionally, the Licensing Board provided Petitioner with an opportunity to reply to Licensee's December 1 5th response to address-change noticos. Petitioner's Reply was 9101170071 910109 PDR ADOCK 05000250?- t

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4 t-provided in the document dated December 26, 1990, referenced above.

On pago 2 of the Reply Petitioner seeks reconsideration of the Board's Memorandum and Order to the extent that the Board ruled that: "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 C.F.R. S 2.714(a)(1)(1) -

(v)." Considered as a motion for reconsideration,1 FPL offers the following response.

The threshold issue confronting the Board in the instant case is the standing of Petitioner to seek a hearing and to intervene. The NRC Staff and FPL answers to the " Request for Hearing and Petition for Leave to Intervene," demonstrate that Petitioner failed to establish sufficient legal interest to-support standing. Petitioner's Reply offers no cure for this basic deficiency.2 Accordingly, the pending request for a l

A Board may reconsider a decision in response to a motion.

E.g., Public Service Co. of Oklahoma, et al. (Black Fox Station Units 1 and 2), ALAB-370, 5 NRC 131, 132 ftn. 2 (1977).

2 In particular, the Staff and-Licensee have identified specific deficiencies, inconsistences and ambiguities in Petitioner's submittals, which the Reply simply fails to address. The Reply merely argues -- -

contradiction to the plain language of one of the notices -- tr a point raised in FPL's December 5th pleading, concerning address changes, misperceives a particular chronological fact. In any event, the-Reply does nothing to rectify the inadequacios identified by the Staff and Licensee concerning Petitioner's case regarding standing.

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hearing and intervention shouldEbe' denied on theSbasis of Petitioner's lack of standing, and anyl question as to the proprietylof the Board's ruling concerning the timing of contentions is moot.

.j 1 Respectfully submitted, Ha'rold F. Reis' Michael A.-Bauser Newman-&.Holtzinger,LP.C.-

1615 L Street, N.W.

Suite 1000 Washington, D.C.. 20036~

(202)1955-6600 Co-Counsel:

Steven Carr, Esq.

Senior Attorney.

Florida Power & Light Company 700 Universe Boulevard '

Room 3712 Juno Beach, Florida 33408 ^

Dated this 9th day of January, 1991.

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', tou, Lao UNITED STATES OF AMERICA UMikC I NUCLEAR REGULATORY COMMISSION

'91 JMf il- R2 :22

) OrPCL Di SLCnfIA6V In the Matter of ) 00cnfis A 5invici-

) Docket Nos. 5012$0" OLA-6 FLORIDA POWER & LIGHT COMPANY ) 50-251-OLA-6

)

(Turkey Point Plant, ) ,

Units 3 and 4) ) (Emergency Power System  !

Enhancement)

)

)

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Answer to y Petitioner's Motion for Reconsideration".in the above captioned proceeding were served on the following by deposit in the United States mail, first class, properly ~ stamped and addressed, on the date shown below.* i John H. Frye, III, Chairman

• Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission' '

Washington, D.~C. 20555 Dr._ Charles N. Kelber*

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 David R. Schink Department of Oceanography- i Texas A&M University {

College Station, Texas 77843 '

U.S. Nuclear Regulatory-Commission Atomic Safety and Licensing-Appeal Panel l Mail'Stop EWW-529 '

Washington, D.C. '20555 i

• An asterisk indicates that service was also made by liand  !

delivery.

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Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Chief, Docketing and Service Section (Original plus two copies)

Atomic Safety and Licensing Board Panel Adjudicatory File U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (two copies)

Thomas J. Saporito, Jr.

8135 S.W. 62nd Place S. Miami, Florida 33143 Janice.E. Moore, Esq.*

Patricia A. Jehle, Esq.*

Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Steven Carr, Esq.

Senior Attorney Florida Power & Light Company 700 Universe Boulevard Room 3712 Juno Beach, Florida 33408 Dated this 9th day of January, 1991, i

lll:1^ll,8udenO*4 J

Michael Ab Bauser '

Newman & Holtzinger, P.C.

1615 L Street, N.W.

Suite 1000 Washington, D.C. 20036

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