ML20150C995
| ML20150C995 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 03/14/1988 |
| From: | Reis H FLORIDA POWER & LIGHT CO., NEWMAN & HOLTZINGER |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5898 88-560-01-LA, 88-560-1-LA, OLA, NUDOCS 8803230031 | |
| Download: ML20150C995 (6) | |
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f gg7 DOCXETED USNRC March 14, 1988 16 NW 21 P4 :18 UNITED STATES OF AMERICA NUCLEAR REGULATORY-COMMISSION OF
..NilIb, OC r i
BRANH BEFORE THR ?;'f0MIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
Docket No. 50-335 OLA
)
FLORIDA POWER AND LIGHT COMPANY
)
)
(St. Lucie Plant, Unit No. 1)
)
ASLBP No. 88-560-01-LA
~
)
LICENSEE'S OPPOSITION TO PETITIONER'S REQUEST FOR 92-DAY POSTPONEMENT OF PREHEARING CONFERENCE Florida Power & Light Company ("FPL" or "Licensee")
hereby submits its opposition to Petitioner's request, received today, for a 92-day postponement, until June 29, 1988, of the prehearing conference now scheduled to be conducted on March 29, 1988.
At the outset, FPL notes that it would not ordinarily oppose a postponement request for a reasonable period of time based on the usual reasons for such requests:
e.g.,
unavoidable schedule conflict, illness, urgent personal business, etc.
However, underlying the instant request seems to be the assumption that the proceeding which Mr. Campbell Rich 8803230031 800314 PDR ADOCK 05000335 g
PDR j6505
. has requested be initiated should be conducted on a schedule
~
which does not significantly inconvenience him with respect to his other pursuits.
Rather, he seems to suggest that the proceeding be conducted in a manner which makes it possible for him to prepare for it without interfering with his routine activities, including his employment "in a full-time position during normal business hours Obviously, a proceeding purportedly affecting the public safety whicN may involve prehearing conferences,-discovery, motions for summary disposition, the conduct of hearings and filing of proposed findings of fact and conclusions of law would be unduly protracted if so conducted.
It would clearly be inconsistent with the public interest for the Nuclear Regulatory Commission tu conduct a proceeding in such a manner.
The public interest is best served if administrative proceedings involving allegedly significant safety issues are conducted as expeditiously and efficiently as is consistent with giving the parties a reasonable opportunity to be heard.
And it is difficult to see how Licensing Boards could conduct their affairs efficiently if proceedings were not conducted on a full time basis.
It is also in the interest of FPL to complete this proceeding as rapidly as possible in order to eliminate the likelihood of, or to comply expeditiously
with, any change or modification of its plans which might result from the proceeding.
For this reason FPL has devoted considerable resources to preparing for the March 29 prehearing conference.
Probably because of this mix of considerations, the Commission has said in its Statement of Policy on the Conduct of Licensing Proceedings, CLI-81-8, 13 NRC 452, 454 o
(1981):
Fairness to all involved in NRC's adjudicatory procedures requires that every participant fulfill the obligations imposed by and in accordance with applicable law and Commission regulations.
While a board should endeavor to conduct the proceeding in a manner that takes account of the special circumstances faced by any participant, the fact that a party may have personal or other obligations or possess fewer resources than others to devote to the proceeding does not relieve that party of its hearing obligations.
Two additional points appear to be appropriate.
First, the request indicates that the hours during which the Public Document Room are available to Mr. Rich "are too restrictive."
We are informed that the Public Document Room referred to is maintained by the Indian River Junior College at Ft. Pierce, Florida and that, other than during holidays, it is open to the public Monday through Thursday frem 7:45 a.m.
to 9:30 p.m.,
and Friday from 7:45 a.m.
to 5:00 p.m.
i
I 4-Second, Petitioner claims "there was inadequate advance notice of the proposed hearing.
In fact, the Memorandum and Order of February 18, 1988, setting the time and place of the hearing, was served on February 22, more than five weeks before the scheduled March 29 date.
Even assuming delays in the post, it seems likely that the Petitioner will have had more than four weeks to prepare for the prehearing conference if it is held as scheduled.
Respectfully sttbmitted, fY Harold F. Reis Michael A.
Bauser Newman & Holtzinger, P.C.
1615 L Street, N.W.
Washington, D.C.
20036 Telephone:
(202) 955-6600 counsel for Florida Power & Light Company Dated:
March 14, 1988 f
I 1
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March T4?C1988 16 MM? 21 P4 :18 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 6Fhct w it..t. i,w.
BEFORE THE ATOMIC SAFETY AND LICENSING BOJC1tW[hN'J 4 'iEvvlCf SRANCW
)
In the Matter of
)
Docket No. 50-335 OLA
)
FLORIDA POWER AND LIGHT COMPANY
)
)
(St. Lucie Plant, Unit No. 1)
)
ASLBP No. 88-560-01-LA
)
CERTIFICATE OF SERVICE I hereby certify that copies of the "License t
Opposition to Petitioner's Request for 92-Day Postponement of Prehearing Conference" were served on the following by deposit in the United States mail, first class, postage prepaid and properly addressed, on the date shown below:
B.
Paul Cotter, Jr.,
Chairman
- Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Glene O.
Bright
- Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Richard F.
Cole
- Atomic Safet/ 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 Secreta.ry U.S.
Nuclear Rcgulatory Commission Washington, D.C.
20555 Attention:
Chief, Docketing and Service Section (Original plus two copies)
I
. o.
2 Mitzi A.
Young, Esq.*
Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Campbell Rich **
4626 S.E.
Pilot Ave.
Stuart, Florida 34997 Dated this 14th day of March, 1988.
k Harold F.' Reis" Newman & Holtzinger, P.C.
1615 L Street, N.W.
. Washington, D.C.
20036 Telephone (202) 955-6600 Counsel for Florida Power & Light Company Additional service by messenger.
Additional service by Federal Express.
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