ML20136H950

Response Supporting Intervenor 851118 Motion for Extension of Time to File Response to Licensee Interrogatories. Adoption of 851015 Proposed Schedule Urged.W/Certificate of Svc.Related Correspondence

ML20136H950
Person / Time
Site:	Turkey Point
Issue date:	11/22/1985
From:	Frantz S FLORIDA POWER & LIGHT CO., NEWMAN & HOLTZINGER
To:	Atomic Safety and Licensing Board Panel
References
CON-#485-276 OLA-2, NUDOCS 8511250236
Download: ML20136H950 (4)

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UNITED STATES OF AMERICA USt c NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD LFFlu 37 -

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In the Matter of ) Docket Nos. 50-250-OLA-2

) 50-251-OLA-2 FLORIDA POWER AND LIGHT COMPANY )

)

(Turkey Point Nuclear Generating ) (Spent Fuel Pool Expansion)

Units 3 & 4) )

)

LICENSEE'S RESPONSE TO INTERVENORS' MOTION FOR EXTENSION OF TIME On October 28, 1985, Florida Power & Light Company (Licensee) served interrogatories on the Center for Nuclear Responsibility and Joette Lorion (Intervenors) in the above captioned proceeding.

On the date the responses to the interrogatories were due, Intervenors filed a " Motion for Extension of Time to File Intervenors' Response to Licensee's Interrogatories" (November 18, 1985) (Motion).

In support of their request for a nine day extension of time, Intervenors noted that the " press of other business, both personal and surrounding the Center's other litigation before both the ASLB and the Federal Court, has prevented her from devoting time sufficient to properly address the interrogatories submitted by Licensee." (Motion, p.1). Intervenors further assert that an extension will not delay the proceedings "since a hearing schedule and date for hearing have not been set by the Board."

(Motion, P.2).

8511250236 851122 PDR ADOCK 05000250 G PDR

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The Licensee does not object to the Intervenors' request for an extension on this particular occasion. However, the Licensee would like to note that a proposed schedule supported by all parties was filed on October 15, 1985, and the Intervenors have not requested, and the Licensee does not believe, that any changes should be made to the proposed schedule. The Licensee still urges adoption of the proposed schedule by the Board, and it has planned its case preparation activities in accordance with the proposed schedule. In this regard, the Licensee is concerned that extension requests by the Intervenors in this and other proceedings should not become the rule rather than the exception. While the Licensee is not unmindful of the " press of business" on the Intervenors, "any individual undertaking to play an active role in several proceedings which are moving forward simultaneous, is apt to find it necessary from time to time to expend extra effort to meet the prescribed schedules in each case." Philadelphia Electric Co. (Peach Bottom Atomic Power Station, Units 2 and 3), ALAB-566, 10 NRC 527, 530 (1979).

Respectfully submitted, CO-COUNSEL J#/A, Norman A. Coll Harold F. Reis V Steel Hector & Davis Steven P. Frantz 4000 Southeast Financial Center Newman & Holtzinger, P.C.

Miami, FL 33131-2398 1615 L Street, N.W.

(305) 577-2800 Washington, D.C. 20036 (202) 955-6600 November 22, 1985

gELATED CORRESPONDENCE n ,

i y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ],, fir-BEFORE THE ATOMIC SAFETY AND LICENSING'dR)ASSj p2 P3:46

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T j In the Matter of ) Docket Hos.

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50-OLA-2

) 50-251-OLA-2 FLORIDA POWER AND LIGHT COMPANY )

)

(Turkey Point Nuclear Generating ) (Spent Fuel Pool Expansion)

Units 3 & 4) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response to Intervenors' Motion for Extension of Time" 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 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 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555

f Office of Secretary U.S. Nuclear. Regulatory Commission Washington, D.C. 20555 Attention: Chief, Docketing and Service Section

'(Original plus two copies)

Joette Lorion 7269 SW 54 Avenue Miami, Florida 33143 Mitzi A. Young Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Norman A. Coll Steel,_ Hector & Davis 4000 Southeast Financial Center Miami, Florida 33131-2398

/u M Steven' P. Frantz '

Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 Dated: November 22, 1985