ML20236L794

Licensee Answer in Opposition to Request for Hearing.* Opposes C Rich 870930 Request for Public Hearing Re Proposed Amend to License to Increase Spent Fuel Storage Capacity. W/Notices of Appearance of Counsel & Certificate of Svc

ML20236L794
Person / Time
Site:	Saint Lucie
Issue date:	11/04/1987
From:	Bauser M FLORIDA POWER & LIGHT CO., NEWMAN & HOLTZINGER
To:	Atomic Safety and Licensing Board Panel
References
CON-#487-4777 88-561-01-LA, 88-561-1-LA, OLA, NUDOCS 8711110068
Download: ML20236L794 (8)

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4177 DOCKETED USNRC UNITED STATES OF AMERICA  ;

NUCLEAR REGULATORY COMMISSION '

1f/ NOV ~6 P4 :10  ;

BEFORE THE ATOMIC SAFETY AND LICENSING BOARDvr FICE OF ![Caf,iAg e 00CHEToni A raviEE BRANCH In the Matter of )

)

FLORIDA POWER & LIGHT COMPANY ) Docket No. 50-335-OLA

)

)

(St. Lucie Plant, Unit No. 1 )

) ASLBP No. 88-560-01-LA I

LICENSEE'S ANSWER IN OPPOSITION TO REQUEST FOR HEARING On August 31, 1987, a notice was published in the Federal Register indicating that Florida Power & Light Company

("FPL" or " Licensee") was proposing to amend the operating license for its St. Lucie Plant, Unit 1, so as to provide for increased spent fuel storage capacity. (See 52 Fed. Reg.

32,852.) The notice also stated that any person whose interest  ;

I may be affected by the proceeding and who wishes to be a party,  ;

may file a written petition to intervene by September 30, j 1987. (Id. at 32,855.) In particular, the notice provided:

Au required by 10 CFR 2.714, a petition for leave

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to intervene shall set forth with particularity s the interest of the petitioner in the proceeding, l and how that interest may be affected by the results j of the proceeding. The petition should specifically j explain the reasons why intervention should be permitted  !

with particular reference to the following factors:

(1) The nature of the petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's l

8711110068 871104 PDR ADOCK 05000335 g Q PDR g Dc ,D  ;

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interest. The petition should also identify the  !

specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene.

(Id.) Finally, the notice specified that any petition to i intervene should be sent to the NRC's Office of General Counsel and the attorney for the Licensee. '(Id. at 32,856.)

Licensee has not been served with any request to j intervene. However, it did receive a copy of a memorandum to the Chief Administrative Judge, Atomic Safety and Licensing 1 Board Panel, from the Commission Secretary, entitled " Request  !

I for Hearing of Campbell Rich" and served by the Docket'ing '

and Service Branch on October 20, 1987. The memorandum forwarded a copy of a two page letter, dated September 30, 1987, from Mr. Campbell Rich to the NRC Secretary. The letter states that the amendment request involves "many areas of concern to residents of the area," and asks "that a public hearing be held concerning this request." Attached to the letter I was an unlabeled document, signed by twenty individuals, stating:

We, the undersigned, are in agreement with the concerns expressed in the enclosed letter. We also ask that a public hearing be held concerning Florida Power and Light's request to double the amount of radioactive waste to be stored at Unit I of the St. Lucie Power Plant.

By notice published October 28, 1987, this Licensing.

Board was established "to rule on petitions for leave to' intervene and/or requests for hearing and to preside over the proceeding in the event that a hearing is ordered." (52 Fed. Reg. 41,518.)

Licensee hereby files its answer to Mr. Rich's letter and the attachment.

3. I Neither the letter nor the attachment specifically explains the particular nature of the right, under the Atomic Energy Act of 1954, 42 U.S.C.A. SS 2011, et seq., of either Mr. Rich or of the persons who signed the attachment to be made a party to this proceeding. Further, there is no specific reference to either: (1) "the nature and extent of the petitioner's property, financial, or other interest in the proceeding;"

or (2) "the possible effect of any order which may be entered in the proceeding on the petitioner's interest." Insofar as the requirement'that a petition " identify the specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene" is concerned, both Mr. Rich's  ;

letter and the attachment . Set forth only some " areas of concern" i l

or " concerns." As a result, the letter and attachment fail ,

i to meet the requirements of both the Federal Register notice

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i and 10 C.F.R. S 2.714, and the " request for hearing" should be denied.

In FPL's view, the failure to meet the legal requirements for petitions for leave to intervene in adjudicatory Commission licensing proceedings is not inconsistent with the basic nature of the documents. They appear to FPL, not to constitute a request for the institution of a formal proceeding or adjudicatory hearing, but rather a request for an informal hearing which would, as stated on page two of Mr. Rich's letter,," afford FP&L an opportunity to fully explain their position and to reassure residents of the safety of the proposed procedure

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4. j and of the current, storage system." FPL is prepared to meet ,

I with Mr. Rich and the other signatories to explore those concerns.

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However, this does not require that a proceeding pursuant i

to 10 C.F.R. Part 2 be conducted.

i Respectfully submitted, 1

Dated: November 4, 1987 --~

LJG_ . j3M-ti'T s

Michael A. Bauser Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 (202) 955-6669 4

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00cxcreo UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 17 NOV -6 P4:10 CH TfNg'[fSfjdy- ;

) BRANCH In the Matter of ) Docket No. 50-335 OLA j FLORIDA POWER AND LIGHT COMPANY ) {

} I (St. Lucie Plant, Unit No. 1) ) ASLBP No. 88-560-01-LA l

) l NOTICE OF APPEARANCE OF COUNSEL Notice is hereby given that Harold F. Reis enters an appearance as counsel for Florida Power & Light Company in the above-captioned proceeding.

Name: Harold F. Reis Address: Newman & Holtzinger, P.C.

1615 L St., N.W. j Washington, D.C. 20036 Telephone: (202) 955-6600 i

Admissions: United States Court of Appeals i for the District of Columbia Circuit Name of Party: Florida Power & Light Company P.O. Box 14000 Juno Beach, Florida 33408 Harold F. Reis Newman & Holtzinger, P.C.

1615 L Street, N.W.

l Washington, D.C. 20036 1

Telephone: (202) 955-6600 Date: October 30, 1987 l

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t UNITED STATES OF AMERICA DOCXETED NUCLEAR REGULATORY COMMISSION "C i

BEFORE THE ATOMIC SAFETY AND LICENSING BOAR 57 NW -6 P4 :10 I 0FFICE OF SECRt:TAriY  !

) 00CHETING & SEffVICf.  !

In the Matter of ) Docket No. 50-33[$$Uk" I FLORIDA POWER AND LIGHT COMPANY )  !

) l (St. Lucie Plant, Unit No. 1) ) ASLBP No. 88-560-01-LA l NOTICE OF APPEARANCE OF COUNSEL j.

d Notice is hereby given that Michael A. Bauser enters an appearance as counsel for Florida Power & Light Company j in the above-captioned proceeding.

Name: Michael A. Bauser Address: Newman & Holtzinger, P.C.

1615 L St., N.W.

Washington, D.C. 20036 Telephone: (202) 955-6600 '

Admissions: Virginia Supreme Court )

District of_ Columbia Court i of Appeals -

United States Courts of Appeals for the District of Columbia, Fifth and Ninth Circuits l

Name of Party: Florida Power & Light Company P.O. Box 14000 Juno Beach,. Florida 33408

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Mfchael A. lauser Newman & Holtzinger, P.C.

1615 L Street, N.W. l Washington, D.C. 20036 l Telephone: (202) 955-6600 Date: October 30, 1987

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-DOCKETED USHRC UNITED STATES OF-AMERICA NUCLEAR REGULATORY COMMISSION 1G - gN =6 - P4 90 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD or rice OF Sf.CREIAM,f.

00CKEllNG & SEinaC BRANCH

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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 Licensee's Answer l in Opposition to Request for Hearing, plus Notices-of Appearance of Counsel for Harold F. Reis and Michael A. Bauser were served on the following by deposit in the United States mail,'first class, postage prepaid and properly addressed, on the date shown below. ~

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B. Paul Cotter, Jr., Chairman

! Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Glenn O. Bright Atomic Safety and Licensing Board Panel l 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 Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Chief, Docketing and Service Section (Original plus two copies)

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2.

Mitzi A. Young, Esq.

Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ,

i Campbell Rich {

4626 S.E. Pilot Avenue Stuhrt, Florida 34997 4

Dated this 4th day of November, 1987.

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Michael A. Bauser j Newman & Holtzinger, P.C.

1615 L Street, N.W. q Washington, D.C. 20036 l Telephone: (202) 955-6669 j 1

Counsel for- ]

Florida Power & Light Company j 4

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