ML20215B110

Responds to 861125 Request for Hearing Submitted by J Paskavitch Re Spent Fuel Transfer at Facility.Referral of Request to Commission Would Be Waste of Resources at Present

ML20215B110
Person / Time
Site:	Saint Lucie
Issue date:	12/03/1986
From:	Cotter B Atomic Safety and Licensing Board Panel
To:	Reis H NEWMAN & HOLTZINGER
References
CON-#486-1854 OLA, NUDOCS 8612120038
Download: ML20215B110 (2)

Text

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Washington, D.C. 20036 Re: Florida Power & Light Co. (St. Lucie Plant, Unit 2), Docket No. 50-389 [ Spent Fuel Transfer Amendment Noticed at 51 Fed. Reg. 37242 (October 20, 1986)]

Dear Mr. Reis:

This is in response to your letter of November 25, 1986 concerning the request for hearing submitted by Mr. John Paskavitch.

The Comission's procedures assure that every citizen applying to participate in a Comission proceeding will have a full and fair opportunity to establish entitlement to a hearing. Notwithstanding 10 C.F.R. 2.772, it has been the consistent practice of this agency to leave that detennination to an impartial licensing board. In the great majority of cases, this is the most expeditious procedure particularly since the Comission's regulations (and the Federal Register notice in this case) grant unlimited leave to amend requests for hearing without prior application to tne presiding officer until 15 days before the first prehearing conference.

Whether or not Mr. Paskavitch's request might have been denied initially by the Secretary, I clearly do not share the Secretary's authority under 10 C.F.R. 2.772. I can neither deny the request nor refuse to constitute a board to consider it. Furthennore, if this matter is as cut and dried as you suggest, it will undoubtedly be disposed of with alacrity by the board. Referral of Mr. Paskavitch's request to the Comission would truly be a waste of resources at this time.

Sincerely,

$4' B. Paul Cotter, di .

Chief Administrat<ve Judge 8612120038 861203 l PDR ADOCK 05000389

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cc: Chairman Zech Comissioner Roberts Comissioner Asselstine Comissioner Bernthal Comissioner Carr Victor Stello Edward S. Christenbury John Paskavitch Emile Julian, SECY John Hoyle, SECY 4

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