ML20205B377

Comment Opposing PRM 50-64 Re Liability of Joint Owners of Npps.Util Endorses Comments of NEI & Urges Commission to Deny Petition for Rulemaking

ML20205B377
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	03/16/1999
From:	Gianfrancesco FLORIDA POWER & LIGHT CO.
To:	Vietticook A NRC OFFICE OF THE SECRETARY (SECY)
References
FRN-64FR432, RULE-PRM-50-64 64FR432-00015, 64FR432-15, L-99-71, NUDOCS 9903310237
Download: ML20205B377 (2)

Text

lP /5 e Florida Power & Light Company P. O. Box 14000. Juno Beach, FL 33408-0420 MAR 161999 Fll:pL L-99-71 l

l DOCKET NUMBER I Ms. Annette L. Vietti-Cook /

Ph0 POSED RULE h 50-69 AG S u lear Regulatory Commission N

_j Washington, DC 20555 g'

^

S Re: Florida Power & Light Company Comments @ V'f Petition for Rulemaking - Liability of Joint Owners of Nuclear Power Plants, ~Z

~

(64 Fed. Reg. 432 (Jan. 5,1999)) M K

~

Dear Ms. Vietti-Cook:

Florida Power & Light Company (FPL), the majority owner and the entity licensed to operate St.

Lucie Nuclear Plant Unit 2, and the sole owner and operator of St. Lucie Nuclear Plant, Unit 1, and the Turkey Point Nudcar Plant, Units 3 and 4, hereby submits the following comments on the above-referenced Petition for Rulemaking. FPL also endorses the comments of the Nuclear Energy Institute on the Petition for Rulemaking. For the reasons set forth below, FPL urges the Commission to deny the Petition for Rulemaking.

The Petition calls for a revision to 10 CFR Part 50 that would impose two new requirements applicable to power reactor licensees. First, the proposal calls for a requirement that the Nuclear Regulatory Commission (NRC) will not impose liability in excess of the agreed allocation of responsibility among all the owners and operators as reflected in ownership agreements relating to the nuclear plant. Second, the proposed revision calls for shifting the potential liability for nuclear operations first to the entity licensed to possess and operate the nuclear plant. As a joint owner and licensed operator of one nuclear unit, FPL could be substantially affected if the Petition is granted in whole or in part.

FPL agrees with the Petitioners that no owner should be legally responsible for more than their proportionate share ofinvestment in the plant in the event of a default in funding by one or more j co-owners. Such action is not authorized by law. Such action would also clearly be contrary to C7 the investment-backed expectations of all parties that bargained for and entered into pro rata cost sharing agreements, and in FPL's case, would be contrary to the joint ownership arrangernent of St. Lucie Unit 2 mandated by antitrust proceedings during the licensing of that unit.

To implement this concept, the Petition calls for rulemaking that would require an owner of a share of nuclear power plant to bear financial responsibility or liability in excess of the amount of the actual investment in that plant simply because of the status of that owner as the licensed operator of the plant. FPL strongly opposes rulemaking to codify this concept. There is simply no legal authority, in the Atomic Energy Act or elsewhere, that would authorize NRC to add such a requirement to its regulations.

1 9903310237 990316 PDR PRM 50-64 PDR an FPL Group company g ;O g

J

t Ms. Annette L. Vietti-Cook -

, Page 2 In this regard, FPL agrees with the legal analysis provided in the Petition which concludes that NRC lacks plenary authority to impose liability on joint owners similar to that authority vested in the Environmental Protection Agency under the Comprehensive Environmental Response, Compensation, and Liability Act. - Further, the Petition provides no cited legal authority to support their request that the facility operator should be afforded some special legal status and

_ held liable if non-operating co-owners default on their financial obligations to support safe plant operation or decommissioning.

FPL appreciates the opportunity to comment on the Petition for Rulemaking. ,

)

Sincerely yours, 4

l

• R. John Gianfrancesco, Jr.

Manager Administrative Support and Special Projects i

i jwwwctiegeyoint.wpd I