ML20248J132

Memorandum.* Advises That Board Examined Nuclear Energy Accountability Project Request as Limited Appearance Statement & Found Nothing in Statement to Warrant Action.W/ Certificate of Svc.Served on 891004

ML20248J132
Person / Time
Site:	Turkey Point
Issue date:	10/03/1989
From:	Cotter B, Harbour J Atomic Safety and Licensing Board Panel
To:
References
CON-#489-9260 89-584-01-OLA, 89-584-1-OLA, OLA-4, NUDOCS 8910130061
Download: ML20248J132 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '89 DUT -4 A10:45 ATOMIC SAFETY AND LICENSING BOARD _eFF:

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, Before Administrative Judges: p' r t. ,

B. Paul Cotter, Jr., Chairman Glenn O. Bright Jerry Harbour .

SERVED OCT - 41989 In the Matter of Docket Nos. 50-250-OLA-4 50-251-OLA-4 FLORIDA POWER AND LIGHT (Pressure-Temperature COMPANY Limits)

(Turkey Point Plant, Units 3 ASLBP No. 89-584-01-OLA and 4)

October 3, 1989 MEMORANDUM On September 11, 1989 the Board received a filing titled " Request for Contention Reconsideration" from the Nuclear Energy Accountability Project (NEAP). Earlier NEAP had filed an "Ammended (sic) Petition for a Limited Appearance Statement" dated August 30, 1989. That document stated that NEAP will represent the interests of Thomas J.

Saporito, Jr. and other public citizens associated therein

... . Mr. Saporito signed both filings as Executive Director, NEAP.

8910130061 891003 PDR ADOCK 05000250 0 PDR

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k Both Staff and Applicant oppose the NEAP request on the

,, ground that NEAP is not a party to this proceeding, and, if

< thd filing is treated as an objection to.this Board's June l

8, 1989' Memorandum and Order admitting to this proceeding _

parts of two contentions filed by interveners Center for Nuc ear Responsibility and-Ms. Joette Lorion, it is untimely without good cause, citing 10 C.F.R. SS 2.751a(a) and (d)

-(1989).

Because NEAP is not a party to this proceeding, we consider its request to be in the nature of a written limited appearance statement pursuant to 10 C.F.R.

S 2.715(a) (1989). We note that the purpose of limited appearance statements is to alert the Board to areas in which evidence may need to be adduced. However, it is well settled that limited appearance statements do not constitute evidence. Louisiana Power and Licht Co., 17 NRC 1076, 1087

n. 12 (ALAB-732, 1983). We have examined NEAP's request as 1

Florida Power and Licht Co., 29 NRC 493 (LBP-89-15, 1989).

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a limited appearance' statement and find nothing in'it to c warrant any action.2 ATOMIC SAFETY AND LICENSING

. BOARD

• M Merry / Harbour-ADMINISTRATIVE JUDGE 4 .

B. Faul cottey/ Jr., Chairman ADMINISTRATIVE JUDGE Bethesda, Maryland October 3, 1989.

• Judge Bright concurs in the result but was unavailable to sign this Memorandum.

2 We see no need to address the additional argument about timeliness because NEAP is not a party to this proceeding.

, UNITED STATES OF AMER 8CA

. NUCLEAR REGULATORY COMMISSION in the Matter of I I

FLORIDA POWER AND Ll5Hf COMPANY l Detlet Noitsi 60=250/251=0L4=4 I

(Turkey Point Plant. Unit Nos. 3 & 4) l I

I CERTIFICATE OF SERV!CE I hereby certify that copies of the foregoing LB MEMORANDUM DTD 10/3/09 have been served upon the following persons by U.S. sail,.first class, except j as otherwise noted and'in accordance with the requirements of 10 CFR Bec. 2.712.

Atomic Safety and Licensing Appeal Ade.inistrative Judoe Board. B. Paul Cotter, Jr., Chairman U.S. Nuclear Regulatory Commissien Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judoe Administrative Judce Glenn 0 Bricht Jerry Harbour Atomic Safety and Licensino Board Atomic Safety and Licensing Board U.S. Nuclear Reculatory Commission V.S. Nuclear Regulatory Commission Washincten. DC 20555 Washington, DC 20555 Janice E. Moore. Escuire Harold F Reis. Esquire Office of the General Counsel Attorney for FP&L U.S. Nuclear Reculatory Commission Newman & Holtzincer. P.C.

Washington. DC 20555 1615 L Street, N.W., Buite 1000 Washington, DC 20036 Joette Lorion, Director Center for Nuclear Responsibility 7210 Red Road. 4200  !

Miami, FL 33143 Dated at Rockville, Md. this 4 day of October 1989 Office f the Secretary of the Commission