ML17212A352

Motion to Add Listed Questions to 810720 Conference Agenda Re Parsons & Whittemore Petition to Intervene.Certificate of Svc Encl

ML17212A352
Person / Time
Site:	Saint Lucie
Issue date:	07/16/1981
From:	KUCIK G R ARENT, FOX, KINTNER, PLOTKIN & KAHN, PARSONS & WHITTEMORE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-A, NUDOCS 8107200237
Download: ML17212A352 (5)

Text

P&W-7/16/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMXSSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ()))Gffge Of+h$~ac>cting g g ranch In the Matter of FLORXDA POWER&LIGHT COMPANY (St.Lucie Plant, Unit No.2)Docket No.50-389A c,~MOTION TO ADD QUESTIONS TO THE JUNE 20, 198 1, CONFERENCE AGEN ill Q QJQggy pe~~%~gg'0 This Board's July 7, 1981, order set a confer fQ July 20 on the Parsons&Whittemore (P&W)petition to 1/intervene.

The order (p.14)provides that"[a]dditional questions may be added to the agenda by written motion filed no later.than three days before the conference." We respect-fully request that the following questions be added to the conference agenda: As to the"contract" points raised by FPL in its challenge to Parsons&Whittemore's stand-ing, does FPL contend (a)that Dade County has a present, unconditional obligation to pay Parsons&Whittemore the agreed upon price for the facility;(b)that Parsons&Whittemore has a present, uncondition'al obliga-tion to transfer title to the EGF to FPL;or (c)that FPL has a present, unconditional obligation to accept title to the EGF if title were tendered to it by Parsons&Whittemore?

1/The order indicates that it was served on July 8, but we have not received the service copy.After learning of the order on July 13, we obtained a copy that afternoon from the NRC Public Docket Room.Si07200237 Bi07ih PDR ADOCK 05000389 N PDR 2.If the answer to question l(a),.(b)or (c)is negative, how does the conditional nature of the parties'lleged obligation(s) af f ect Parsons&Whittemore's present standing?These questions are relevant to FPL's allegations summarized at pages 9-10 of the order, as well as to the Board's observa-tion (at p.11)that-even if we accept FPL's version of the facts, it appears likely that RRD has a sufficient interest to be affected by these proceedings.

FPL has not explained the nature and timing of its claimed"valid legal right to the generating facility and its output" (see Order, p.10), and P&W has not yet had an opportunity to 2/respond'o FPL's factual allegations.

In these circumstances, we believe that answers to the above questions would facilitate I argument on the standing issue, by illuiainating how FPL and P&W'each view their present obligations.in connection with the facility and how those obligations affect the legal right claimed by FPL.For example, if FPL claims the right to reject P&W's tender of the EGF, that fact would be important in evaluating whether P&W's present interest in the EGF and the facility is sufficient to warrant protection in this proceeding.

2/We read the Board's order as indicating that P&W will be allowed to respond if it so wishes.We therefore request that P&W be authorized to file a written response no later than fourteen days after the August 17-18, 1981, conference involv-ing the summary judgment issues raised by the Cities-Intervenors.

CONCLUSION P&W's motion to add questions to the June 20, 1981, conference agenda should be granted.Respectfully submitted, George.Kucik Ellen.E.Sward ARENT~FOX~K I NTNER g PLOTKIN KAHN 1815 H Street, N.W.Washington, D.C.20006 (202)857-6000 Counsel for Petitioners UNITED STATES OF AMERXCA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of FLORIDA POWER&LIGHT COMPANY (St.Lucie Plant, Unit No.2)Docket No.50-389A CERTXFICATE OF SERVICE I hereby certify that copies of"Motion to Add Questions to the June 20, 1981, Conference.

Agenda" was served upon.the following persons by hand delivery*or by deposit in the U.S.Mail, first class, postage prepaid this 16th day of July 1981.*Peter B.Bloch, Esquire Chairman Atomic Safety and Licensing Board U.S.Nuclear Regulatory Commission Washington, D.C.20555*Robert.M.Lazo, Esquire Atomic Safety and Licensing Board U.S.Nuclear Regulatory Commission Washington, D.C.20555 Michael A.Duggan, Esquire College of Business Administration University of Texas Austin, Texas, 78712*Ivan W.Smith, Esquire Atomic Safety and Licensing Board U.S.Nuclear Regulatory Commission Washington, D.C.20555 Docketing and Service Station Office of the Secretary U.S.Nuclear Regulatory Commission Washington, D.C.20555 Jerome Saltzman, Chief Antitrust&Indemnity Group U.S.Nuclear Regulatory Commission Washington, D.C.20555 Atomic Safety.and Licensing'oard U.S.Nuclear Regulatory Commission Washington, D.C.20555 Robert E.Bathen Fred Saffer R.W.Beck&Associates P.O.Box 6817 Orlando, Florida 32803*Robert A.Jablon, Esquire Alan J.Roth, Esquire 2600 Virginia Avenue, N.W.Washington, D.C.20037 William C.Wise, Esquire Suite 500 1200 18th Street, N.W-.Washington, D.C.20036 William H.Chandler, Esquire Chandler, O'Neal, Avera, Gray&Stripling Post Office Drawer 0 Gainesville, Florida 32602 Janet Urban, Esquire P.O.Box 14141 Washington, D.C.20044 Donald A.Kaplan, Esquire Robert Fabrikant, Esquire Antitrust Division U.S.Department of Justice Washington, D.C.20530 Joseph Rutberg, Esquire Lee Scott: Dewey, Esquire Eredric D.Chanania, Esquire Counsel for NRC Staff U.S.Nuclear Regulatory Commission Washington, D.C.20555 Charles R.P.Brown, Esquire Brown, Paxton and Williams 301 South 6th Street, P.O.Box 1418 Fort Pierce,-Florida 33450*Benjamin H..Vogler U.S.Nuclear Regulatory Commission Washington, D.C.20555 Ann P;Hodgdon, Esquire Office of the Executive Legal Director U.S.Nuclear Regulatory Commission Washington, D.C.20555~J.A.Bouknight, Jr.Lowenstein, Newman, Reis a Axelrad 1025 Connecticut Avenue, N.W.Washington, D.C.?0036 Richard S.Salzman, Esquire Atomic Safety and Licensing Appeal Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 George R.Kucik, Esquire Arent, Fox, Kintner, Plotkin 6 Kahn 1815 H Street, N.W.Washington, D.C.20006