ML20135B750

Motion to Establish Schedule for Hearings Re Intervenor Contention (D).Certificate of Svc Encl

ML20135B750
Person / Time
Site:	Turkey Point
Issue date:	09/09/1985
From:	Reis H NEWMAN & HOLTZINGER
To:	Atomic Safety and Licensing Board Panel
References
84-496-03-LA, 84-496-3-LA, OLA, NUDOCS 8509110167
Download: ML20135B750 (5)

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U c UNITED STATES OF AMERICA g3 SEP 10 kl M2 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARpjp CTING t OF SEcac  ;;., ,

& SEPvia BRANCH

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) Docket Nos. 50-250 OLA-1 In the Matter of )

50-251 OLA-1

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FLORIDA POWER & LIGHT COMPANY ) ASLBP No. 84-496-03 LA (Turkey Point Nuclear Generating ) (Vessel Flux Reduction)

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Units 3 & 4) )

MOTION TO ESTABLISH SCHEDULE FOR HEARINGS Florida Power & Light Company (FPL or Licensee) hereby In support files its Motion to Establish Schedule for Hearings.

of its Motion, the Licensee states the following:

93 and 99, which are the subject

1. License amendments No.

of this proceeding, were issued for the Turkey Point nuclear reactors on December 23, 1984. On August 16, 1985 the Atomic issued an Order Safety and Licensing Board (ASLB or Board) ruling on, inter alia, the Licensee's August 10, 1984 Motions and for Summary Disposition on Intervenor's Contentions (b)

(d).

2.

The Board's August 16, 1985 Order granted Licensee's Motion for Summary Disposition on Intervenor's Contention (b),

but denied Licensee's Motion for Summary Disposition on Intervenor's Contention (d), finding that the following three genuine issues as to material facts remain for litigation:

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a. Whether the DNBR of 1.17 which the amendments impose on the OFA fuel in Units 3 and 4 compensates for the three uncertainties outlined by the Staff in its December 23, 1983 SER on the amendments, at 4.

b. Whether, if the DNBR of 1.17 does not compensate for those uncertainties,-the SRP's 95/95 standard, or a comparable one, is somehow satisfied.

c. Whether, if that standard is not being satisfied, the reduction in the margin of safety has been significant.

3. The issues that now remain for litigation are narrow and well-defined. The contention that is the subject of these proceedings has been before the Board for more than one year and the Board's disposition of the issues remaining for litigation To that end, and can and should be promptly accomplished.

without prejudice to the filing of such additional pretrial motions as are appropriate (including Motions for Summary Disposition),

the Licensee moves the Board for an Order establishing a schedule for hearings as follows:

a. November 4 - Prefiled testimony filed by all parties

b. November 19 - Commencement of hearings to run continuously until completion.

4. The foregoing hearing schedule has been discussed The NRC Staff with counsel for the NRC Staff and Intervenors.

has authorized us to state that they support the proposed schedule.

Counsel for Intervenors has indicated that.they do not agree with the proposed schedule.

l For-the foregoing reasons, Licensee's Motion to Establish i

Schedule for Hearings should be granted.

Respectfully submitted, b[k OF COUNSEL Harold F. Reis Noraan A. Coll Steven P. Frantz Steel Hector & Davis Newman & Holtzinger, P.C.

4000 Southeast Financial 1615 L Street, N.W.

Center Miami, FL 33131-2398 Washington, D.C. 20036 (305) 577-2800 (202) 955-6600 September 9, 1985 l

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

)

) Docket Nos. 50-250 OLA-1 In the Matter of ) 50-251 OLA-1

)

FLORIDA POWER & LIGHT COMPANY ASLBP No. 84-496-03 LA 4

)

(Turkey Point Nuclear Generating ) (Vessel Flux Reduction)

)

Units 3 & 4) )

CERTIFICATE OF SERVICE I

I hereby certify that copies of " Motion to Establish Schedule for Hearings" 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.

Dr. Robert M. Lazo, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Emmeth A. Luebke Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission l

Washington, D.C. 20555 Dr. Richard F. Cole Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission ,

Washington, D.C. 20555 l Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Chief, Docketing and Service Station (Original plus two copies)

Colleen P. Woodhead, Esq.

U.S. Nuclear Regulatory Commission Office of the Executive Legal Director Washington, D.C. 20555 Mitzi A. Young, Esq.

U.S. Nuclear Regulatory Commission Office'of Executive Legal Director Washington, D.C. 20555 Norman A. Coll, Esq.

Steel, Hector & Davis 4000 Southeast Financial Center Miami, Florida 33131-2398 Martin H. Hodder, Esq.

1131 N.E. 86th Street Miami, Florida 33138 Dated this 9th day of September, 1985

'N]i Harold F. Reis fb Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 (202) 955-6600 i

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