ML20247Q270

NRC Staff Response to Nuclear Energy Accountability Project (Neap) Request for Contention Reconsideration.* Request Should Be Denied on Basis That Tj Saporito & Neap Have No Standing in Proceeding.W/Certificate of Svc

ML20247Q270
Person / Time
Site:	Turkey Point
Issue date:	09/21/1989
From:	Patricia Jehle NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#389-9206 OLA-4, NUDOCS 8909280156
Download: ML20247Q270 (6)

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f246 September 21, 1989 CX MEnr Umc UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'89 SEP 22 P2 :52 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD p.

Di e In the Matter of )

) Docket No. 50-250-OLA-4 FLORIDA POWER AND LIGHT ) 50-251-OLA-4 COMPANY )

(Turkey Point Plant, Units 3 and 4) (P/TLimits)-

NRC STAFF RESPONSE TO THE NUCLEAR ENERGY ACCOUNTABILITY PROJECT'S REQUEST FOR CONTENTION RECONSIDERATION I. INTRODUCTION On September 7,1989, the Nuclear Energy Accountability Project (NEAP) filed a request for contention reconsideration in the above-captioned proceeding. " Request for Contention Reconsideration" (September 7,1989)(hereinafterpetition). NEAP objects to the Atomic Safety and Licensing Board's Memorandum and Order (Ruling on Contentions) of June 8, 1989. Florida Power and Light Company (Turkey Point Nuclear Generating Plant, Units 3 and 4) LBP-89-15, 29 NRC 493 (1989). For the reasons set forth below, the Staff of the U.S. Nuclear Regulatory Commission (Staff)opposesNEAP'srequestforcontentionreconsideration.

II. BACKGROUND On November 17, 1988, Ms. Joette Lorion filed a request for a hearing and petition for leave to intervene on her own behalf and on the behalf of the Center for Nuclear Responsibility with respect to license amendments for Pressure / Temperature Limits. " Request for Hearing and Petition for Leave to Intervene" (November 17,1989). On February 17, 1989, the Center for Nuclear Responsibility and Ms. Joette Lorion filed an amended request 9909280156 890921 DR ADOCK 0500 0 fj]

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_p-for hearing and petition to intervene and proposed three contentions as matters to be placed in controversy in this proceeding. " Petitioners' Amended Request for Hearing and Petition for Leave to Intervene" at 5-12 (February 17,1989).

By Order of January 19, 1989, the Licensing Board presiding over this proceeding scheduled a prehearing conference in this matter for March 21, 1989 in Miami, Florida. Order, January 19, 1989 at 1-2. Oral arguments by the parties and interveners were heard on the admissibility of the proposed contentions at the prehearing conference. The Licensing Board's Memorandum and Order of June 8,1989 set forth the actions taken at the prehearing conference. Turkey Point, supra, 29 NRC 493 (1989). The Licensing Board granted the petition to intervene and ruled on the admissibility of the contentions; Contention I was rejected and Contentions 2 and 3 were admitted and narrowed in scope. M. No objection to the Licensing Board's Memorandum and Order was filed by the Center for Nuclear Responsibility or Ms. Lorion within five days of service of the order as is permitted by 10 C.F.R. 5 2.751a(d).

II. ARGUMENT NEAP and Mr. Thomas J. Saporito, Jr. are not parties to this i

proceeding and they have no standing to seek a contention reconsideration.

SeeConsolidatedEdisonCo.ofN.Y.(IndianPointStation, Unit 2),

1 ALAB-369, 5 NRC 129 (1977). Because NEAP and Mr. Saporito are not parties )

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e to this proceeding NEAP's request is unauthorized and should not be a granted. II The Staff considers NEAP's petition to be an objection to the Licensing Board's Memorandum and Order of June 8,1989 which was entered ,

after the presearing conference. See 10 C.F.R. 5 2.751a(d) 2/,

Objections to the Memorandum and Order were permissible if filed by a party within five days of service of the order. 10 C.F.R. 6 2.751a(d);

Philadelphia Electric Co. (Limerick Generating Station, Units 1 and 2)

LBP-83-14, 17 NRC 473 (1983). Neither NEAP nor Mr. Saporito is a party to this proceeding. In addition, NEAP did not file its objection until August 30, 1989. NEAP's petition is both inappropriate and untimely and it should not be granted.  !

In addition, the Center for Nuclear Responsibility and Ms. Lorion withdrew Contention 3 from consideration in the Pressure / Temperature Limits proceeding. Lorion Letter of September 8, 1989. Because Contention 3 has been withdrawn, any issues concerning Contention 3 are moot.

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On August 30, 1989, NEAP filed a notice that it would appear as the j representative of Mr. Thomas J. Saporito, Jr. in matters concerning 1 the Turkey Point Plant, the St. Lucie Plant, and the Crystal River J Plant. " Notice of Appearance" (August 30,1989). NEAP's notice of l appearance on the behalf of Mr. Saporito does not rise to the level i of a petition for leave to intervene. The notice makes no attempt to j satisfy any of the requirements of 10 C.F.R. 5 2.714. Even if the notice were considered a petition for leave to intervene, the petition is untimely and NEAP has not addressed the criteria for untimely filings ..

set forth in 10 C.F.R. 5 2.714(a)(1). See Boston Edison Co. (Pilgrim )

Nuclear Power Station), ALAB-816, 22 NRC T61 (1985). In addition, j NEAP has not satisfied the requirements for representation of a party. j See 10 C.F.R. 5 2.713(a). NEAP has made no effort to comply with this l provision. I 2/

NEAP's petition cannot be characterized as a petition for reconsideration pursuant to 10 C.F.R. 6 2.771 because no final decision has been issued in this proceeding.

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III. CONCLUSION

-For the reasons. set forth above NEAP's request for contention

' reconsideration should be denied.

Respectfully submitted, d i (R Patricia Jehle Counsel for NRC Staff

' Dated at Rockville, Maryland _.

this 20th day of September,1989 y

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, UNITED STATES OF AMERICA

? NUCLEAR REGULATORY COMMISSION '89 SEP 22 P 2 :52 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD gr bac higg '0 i In the Matter of Docket Nos. 50-250 OLA-4 50-251 OLA-4 FLORIDA POWER AND LIGHT COMPANY )

(Turkey Point Plant, Units 3 and 4) (P/TLimits)

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO THE NUCLEAR ENERGY

-ACCOUNTABILITY PROJECT'S REQUEST FOR CONTENTION RECONSIDERATION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Comission's internal mail system, this 21th day of September, 1989:

B. Paul Cotter, Jr., Chairman

• Richard J.-Goddard, Esq.*

Administrative Judge Regional Counsel Atomic Safety and Licensing Board USNRC, Region II U.S. Nuclear Regulatory Comission 101 Marietta St., N.W., Suite 2900 Washington. D.C. 20555 Atlanta, GA 30303 Glenn 0. Bright

• Atomic Safety and Licensing Board Administrative Judge Panel (1)

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Washington, D.C. 20555 Atomic Safety and Licensing Jerry Harbour

• Appeal Panel (5)*

Administrative Judge U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Docketing and Service Section*

Office of the Secretary Steven P. Frantz, Esq. U.S. Nuclear Regulatory Comission Harold F. Reis, Esq. Washington, D.C. 20555 Newman & Holtzinger, P.C.

1615 L. Street, N.W., Suite 1000 Joette Lorion Washington, D.C. 20036 7269 SW 54th Avenue Miami, FL 33143 John T. Butler, Esq.

Steel Hector & Davis Center for Nuclear Responsibility 4000 Southeast Financial Center 7210 Red Road #217 Miami, FL. 33131-2398 Miami, FL 33141 l

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Adjudicatory File (2)* Office of the Secretary

• Atomic Safety and Licensing U.S. Nuclear Regulatory Comission Board. Washington, D.C. 20555 l-

. U.S. Nuclear Regulatory Comission 4 Washington,-D.C. 20555 uri TL f L Patricia Jehle Counsel for NRC Staff l

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