ML20153E916

Response Supporting Intervenor 860213 Motion for 30-day Extension in Filing Response to Util Motions for Summary Disposition & Amend of Proposed Schedule for Hearing.Notice of Appearance of Counsel & Certificate of Svc Encl

ML20153E916
Person / Time
Site:	Turkey Point
Issue date:	02/24/1986
From:	Fallon M NEWMAN & HOLTZINGER
To:	Atomic Safety and Licensing Board Panel
References
CON-#186-168 OLA-2, NUDOCS 8602250200
Download: ML20153E916 (6)

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b UNITED STATES-OF AMERICA DOCMETED NUCLEAR REGULATORY COMMISSION USNRC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD gg gg CFFICE 07 m -

DOCKlimis )*{pQ' BRANCH

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In the Matter of )

) Docket Nos. 50-250 OLA-2 FLORIDA POWER & LIGHT COMPANY ) 50-251 OLA-2

)

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

Units 3 & 4) )

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LICENSEE'S RESPONSE TO INTERVENORS' MOTION FOR EXTENSION OF TIME AND AMENDMEN1 OF PROPOSED SCHEDULE FOR HEARING On February 13, 1986, Intervenors served a " Motion For Extension Of Time To File Intervenors' Response To Licensees' (sic] Motions For Summary Disposition And Motion To Amend The Proposed Schedule For Hearing" (Intervenors' Motion).

Intervenors' Motion requested that Intervenors be granted a 30 day extension of time to respond to " Licensee's Motion For Summary Disposition of Contention 3" (January 23, 1986).

Intervenors' Motion also requested that each of the deadlines in the " Motion To Establish Schedule For Hearings" (October 15, 1985), which was agreed to by all parties, be extended by 30 days. Licensee hereby submits its response to Intervenors' Motion.

Intervenors assert that good cause exists for an extension i of time to respond to Licensee's motions for summary disposition J 8602250200 860224 -

PDR ADOCK 05000250 0 PDR hsc>s ,

because delays in the Turkey Point Vessel Flux Reduction Proceeding 1 ! in which the Intervenors are participating "have caused Ms. Lorion to be unable to concentrate her attention on the Spent Fuel proceeding." (Intervenors' Motion, p. 1). In turn, Intervenors' claim that the delays in the Vessel Flux Reduction proceeding were caused by Ms. Lorion's illness and hospitalization for an unspecified period of time in January. (ld.).

The Intervenors' Motion does not provide sufficient support for the extension of time requested. Nevertheless, the Licensee does not object to an extension of time for the Intervenors to respond to Licensee's motions for summary disposition and a commensurate delay in the commencement of any hearings, provided that Intervenors are held strictly to the time limits requested. The 30 day extension requested provides ample time for Intervenors to respond to Licensee's 1/ Florida Power & Light Co. (Turkey Point Nuclear Generating-Units 3 and 4), Docket Nos. 50-250, OLA-1 and 50-251, OLA-1 (Vessel Flux Reduction). Since the Intervenors agreed to the proposed schedule for this proceeding, including a date for the filing of motions for summary disposition, more than four months ago, the Licensee does not believe that delay in the Vessel Flux Reduction Proceeding should be used to extend Intervenors time for responding to Licensee's motions for summary disposition.

As a general rule, when a party intervenes in more than one concurrent NRC proceeding, it bears the burden "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). Thus, for example, the Appeal Board in Pennsylvania Power and Light Co.

(Susouehanna Steam Electric Station, Units 1 and 2),

ALAL-613, 12 NRC 317, 338-340 (1980), did not excuse an intervenor from complying with discovery requests on the ground that the intervenor was involved in several other NRC proceedings, a

b motions. Accordingly, the " Motion for an Extension of Time to File Intervenors Response to Licensee's. Motion for Summary Disposition and Motion to Amend the Proposed Schedule for Hearing" should be granted with the admonition that Intervenors will be held to strict compliance with the new schedule.

Respectfully submitted, L L' 6%

Harold F. Reis CO-COUNSEL Steven P. Frantz Norman A. Coll Merle W. Fallon Steel Hector & Davis 4000 Southeast Financial Newman & Holtzinger, P.C.

Center 1615 L Street, N.W.

Miami, FL 33131-2398 Washington, D.C. 20036 (305) 577-2800 (202) 955-6600 J

i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4 In the Matter of )

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FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250-OLA-2

) 50-250-OLA-2 (Turkey Point Nuclear )

Generating Units 3 and 4 ) (Spent Fuel Pool Expansion)

NOTICE OF APPEARANCE OF COUNSEL Notice is hereby given that Merle W. Fallon enters

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an appearance as counsel for Florida Power & Light Company in the above-captioned proceeding.

Name: Merle W. Fallon Address: Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 Telephone: (202) 955-6600 Admissions: Virginia Supreme Court District of Columbia Court of Appeals Name of Party: Florida Power & Light Company Post Office Box 14000 Juno Beach, FL 33408

T%4o 54~

Merle W. Fallon Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 Date: February , 1986

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00LKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFICE 0: S i r.t , e <

00CMETING A sEMct.

BRANCH

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In the Matter of )

)

FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250 OLA-2

) 50-251 OLA-2 (Turkey Point Plant, )

Units 3 and 4 ) (Spent Fuel Pool Expansion)

)

)

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response to Intervenors' Motion for Extension of Time and Amendment of Proposed Schedule for Hearing" in the above captioned proceeding together with a Notice of Appearance of Counsel 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 A

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' i 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 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 Cen'cer Miami, Florida 33131-2398

/?ld 10 S$n Merle W. Fallon Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 Dated: February 20, 1986