ML20215B136
| ML20215B136 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 12/09/1986 |
| From: | Linenberger G Atomic Safety and Licensing Board Panel |
| To: | FLORIDA POWER & LIGHT CO. |
| References | |
| CON-#486-1840 87-544-01-LA, 87-544-1-LA, OLA, NUDOCS 8612120047 | |
| Download: ML20215B136 (4) | |
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/ 1 96 UNITED STATES OF AMERICA COU LIEe mi'C NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING E0ARD
'86 DEC 10 All :38 Before Administrative Judges CFFICF -
Charles Bechhoefer, Chairman 00Cn 1 m.~
o Gustave A. Linenberger, Jr.
Richard F. Cole SERVED DEC 101986 In the Matter of Docket No. 50-389-OLA
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(Spent Fuel Transfer Amendment)
FLORIDA POWER & LIGHT COMPANY,
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ASLBP No. 87-544-01-LA (St. Lucie Plant, Unit No. 2 December 9, 1986 MEMORANDUM AND ORDER (Regarding Request for Hearing)
Pending before this Board is a timely request dated November 6, 1986, for a hearing filed by John Paskavitch, in this proceeding involving a proposed amendment to the operating license for St. Lucie Plant, Unit 2, to permit the transfer of spent fuel from St.. Lucie
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Plant, Unit 1, to Unit 2.
The Applicants for the license amendment, s
Florida Power & Light Co., et al. (Applict.nts or FPL) filed a response dated December 1,1986, in opposition to the hearing request. On December 8,1986, the NRv Staff filed a response also opposing the hearing request.
In its present form, Mr. Paskavitch's request for a hearing is patently deficient. Contrary to instructions appearing in the Federal Register Notice of Opportunity for Hearing (51 Fed. Reg. 37242), which reflect the requirements of 10 C.F.R. s 2.714(a) and (d), the request Sd z-o
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fails to include any information concerning Mr. Paskavitch's interest in the proceeding or the specific aspect (s) of the subject matter of the proceeding a: to which he wishes to intervene.
Under 10 C.F.R. Q 2.714(a)(3), a petitioner such as Mr. Paskavitch may amend his petition, without prior approval of the Board, at any time up to 15 days prior to the holding of the first prehearing conference.
For good cause, we may modify that time schedule.
10 C.F.R. 6 2.711.
Here, we find that, because of the extreme deficiencies in the petition, further info-mation must be submitted before we can determine wnether scheduling of a prehearing conference would be warranted.
Accordingly, Mr. Paskavitch will be permitted to file an amended petition, setting forth with particularity his interest in the proceeding, how that interest may be affected by the results of the proceeding, and the specific aspect (s) of the proceeding as to which he wishes to intervene.
In that connection, we note that the address in South Venice, Fla., listed on the letterhead of Mr. Paskavitch's petition does not, in itself, constitute an adequate showing of interest; South Venice is apparently more than 100 miles from the plant site.
Mr. Paskavitch must file (mail) any amended petition by no later than Wednesday, December 24, 1986. The Applicants and Staff may file responses by January 9,1987 and January 14, 1987, respectively. Absent a satisfactory amended petition, Mr. Paskavitch's hearing request will be dismissed.
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The Board requests that FPL, at its earliest convenience, forward to each Licensing Board member a copy of the license amendment application dated July 2,1986, together with any updated supplements.
A separate statement of Judge Linenberger, concerning certain of his prior employment interests, is attached hereto.
FOR THE ATOMIC SAFETY AND LICENSING BOARD 4 ~ b>]l~
J Charles Bechhoefer, Cha$tman ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 9th day of Cecember,1986 i
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SEPARATE STATEMENT OF JUDGE LINENBERGER Imediately prior to joining the AEC's Atomic Safety and Licensing Board Panel in mid-1972, I was an employee of Southern Nuclear Engineering, Inc. (SNE), an engineering consulting firm headquartered in Dunedin, Florida.
I joined that firm in mid-1968, and subsequently became President and Board Chairman. During my tenure with SNE, the firm had a consulting contract with Florida Power & Light (FPL) that included miscellaneous tasks involving the St. Lucie facilities. None of these tasks related to fuel storage matters nor to accident analyses involving fuel handling and storage.
Since 1972, I have had no financial, social or personal relationships with FPL or its principals and employees. My limited ralationship of 14 years ago will have no influence on nty analysis and resolution of any issues that might arise in this proceeding.
I so informed ASLBP management before my appointment to this case and they concurred. Should any party be admitted to this proceeding and have any objection to my continued participation herein, they should file such objectiun with me, stating the reasons therefore pursuant to 10 C.F.R. $
2.704(c), and I shall rule on the objections promptly.
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w sta've A. Linen mgfjer MINISTRATIVE J JDGE l
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