|
|
| Line 16: |
Line 16: |
|
| |
|
| =Text= | | =Text= |
| {{#Wiki_filter:5d-'~r~<gC'8y0iuse<~>>7~UNITEDSTATESOFAMERICANUCLEARREGULATORY COMMISSION BeforetheCommission | | {{#Wiki_filter:5d-'~r~<g C'8 y 0 i use<~>>7~UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission |
| ))FloridaPower&LightCompany)(St.LuciePlant,UnitNo.1)))FloridaPower&LightCompany)'TurkeyPointPlant,Units3)and4))'4DocketNo.50-335ADocketNo.50-250A50-251ARESPONSEOFFLORIDAPORTER6LIGHTCOMPANYTOCITIESMOTIONTOLODGEOnAugust9,1979,-theCitiesmovedto"lodge"adecisionoftheFERCinFERCDocketNo.78-19whichconcernsFloridaPower6LightCompany(FPL)..-FPLopposesthemotion.2/Section105aoftheAtomicEnergyActauthorizes the.Commission Ntoactonthebasisofafinding"byacourtofcompetent juris-diction"thatalicenseehasviolatedtheantitrust laws"intheconductofthelicensedactivity." | | ))Florida Power&Light Company)(St.Lucie Plant, Unit No.1)))Florida Power&Light Company)'Turkey Point Plant, Units 3)and 4))'4 Docket No.50-335A Docket No.50-250A 50-251A RESPONSE OF FLORIDA PORTER 6 LIGHT COMPANY TO CITIES MOTION TO LODGE On August 9, 1979,-the Cities moved to"lodge" a decision of the FERC in FERC Docket No.78-19 which concerns Florida Power 6 Light Company (FPL)..-FPL opposes the motion.2/Section 105a of the Atomic Energy Act authorizes the.Commission N to act on the basis of a finding"by a court of competent juris-diction" that a licensee has violated the antitrust laws" in the conduct of the licensed activity." The FERC is not a court of competent jurisdiction, and it did not, by the terms of its decision, determine the existence of any violation of the anti-trust laws.Moreover, a decision concerning the justness and reasonableness of a tariff provision submitted in 1977 (and which never took effect)cannot conceivably have any relevance to the 1/Due to a'lerical error, counsel for FPL was not served with the Motion and did not receive it until August 24-Counsel for the Cities has authorized FPL's counsel to represent that the Cities have no objection to filing of this response out of time.2/The decision of the FERC is subject to reconsideration and judicial'review.FPL intends to request reconsideration. |
| TheFERCisnotacourtofcompetent jurisdiction, anditdidnot,bythetermsofitsdecision, determine theexistence ofanyviolation oftheanti-trustlaws.Moreover, adecisionconcerning thejustnessandreasonableness ofatariffprovision submitted in1977(andwhichnevertookeffect)cannotconceivably haveanyrelevance tothe1/Duetoa'lerical error,counselforFPLwasnotservedwiththeMotionanddidnotreceiveituntilAugust24-CounselfortheCitieshasauthorized FPL'scounseltorepresent thattheCitieshavenoobjection tofilingofthisresponseoutoftime.2/ThedecisionoftheFERCissubjecttoreconsideration andjudicial'review.FPLintendstorequestreconsideration.
| | question before this Commission |
| questionbeforethisCommission
| | -whether-certain findings by the United States Court of Appeals for the Fifth Circuit con cerning events which took place before 1970 establish a violation of the antitrust laws"in the conduct of the licensed activity which warrants initiation of proceedings by this Commission The FERC decision, which was issued on the basis of an expedited hearing schedule which did not permit adequate discovery into or consideration of the truth or falsity of antitrust allegations, does not purport to determine antitrust issues The decision is subject to reconsideration by the FERC and to judicial review, and is, therefore, by no,means final.Moreover, it is not relevant to any of the issues pending here.The Motion seeks only to prejudice the Commission's consideration of the matters properly before it.FPL requests that it be denied Respectfully Submitted Dana.el M.Grzbbon Herbert Dym Covington 6 Burling 888 16th Street, N.W Washington, D~C~20006 J.A.Bouknight, Jr Lowenstein, Newman, Reis, Axelrad Toll 1025 Connecticut Avenue, N.W Washington, D~C~20036 August 24I 1979 John ED Mathews, Jr Mathews, Osborne, Ehrlich, McNatt Gobelman&Cobb 1500 American Heritage Life Bldg ll East Forsyth Street Jacksonville, Florida 32202!.Bp:~//J.A.Bouknxght, Jr i Counsel for Florida Power 6 Light Company UNITED STATES OF AY%RICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of: Florida Power 6 Light Company (St.Lucie Plant, Unit No.1)Florida Power&Light Company (Turkey Point Plant, Units 3 and 4))')))))).)Docket No.50-335A Docket No.50-250A 50-251A CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the following: |
| -whether-certainfindingsbytheUnitedStatesCourtofAppealsfortheFifthCircuitconcerningeventswhichtookplacebefore1970establish aviolation oftheantitrust laws"intheconductofthelicensedactivitywhichwarrantsinitiation ofproceedings bythisCommission TheFERCdecision, whichwasissuedonthebasisofanexpedited hearingschedulewhichdidnotpermitadequatediscovery intoorconsideration ofthetruthorfalsityofantitrust allegations, doesnotpurporttodetermine antitrust issuesThedecisionissubjecttoreconsideration bytheFERCandtojudicialreview,andis,therefore, byno,meansfinal.Moreover, itisnotrelevanttoanyoftheissuespendinghere.TheMotionseeksonlytoprejudice theCommission's consideration ofthemattersproperlybeforeit.FPLrequeststhatitbedeniedRespectfully Submitted Dana.elM.GrzbbonHerbertDymCovington 6Burling88816thStreet,N.WWashington, D~C~20006J.A.Bouknight, JrLowenstein, Newman,Reis,AxelradToll1025Connecticut Avenue,N.WWashington, D~C~20036August24I1979JohnEDMathews,JrMathews,Osborne,Ehrlich,McNattGobelman&Cobb1500AmericanHeritageLifeBldgllEastForsythStreetJacksonville, Florida32202!.Bp:~//J.A.Bouknxght, JriCounselforFloridaPower6LightCompany UNITEDSTATESOFAY%RICANUCLEARREGULATORY COMMISSION BeforetheCommission IntheMatterof:FloridaPower6LightCompany(St.LuciePlant,UnitNo.1)FloridaPower&LightCompany(TurkeyPointPlant,Units3and4))')))))).)DocketNo.50-335ADocketNo.50-250A50-251ACERTIFICATE OFSERVICEIHEREBYCERTIFYthatcopiesofthefollowing: | | RESPONSE OF FLORIDA POWER 6 LIGHT COMPANY TO CITIES MOTION TO LODGE have been served on the persons shown on the attached list by deposit in the United States Mail, properly stamped and addressed on August 24, 1979.'b'+%I qQ 9 yg~~go~hg+ |
| RESPONSEOFFLORIDAPOWER6LIGHTCOMPANYTOCITIESMOTIONTOLODGEhavebeenservedonthepersonsshownontheattachedlistbydepositintheUnitedStatesMail,properlystampedandaddressed onAugust24,1979.'b'+%IqQ9yg~~go~hg+
| | 'b B y: p:5--(AY.L~Lowenstein, Newman, Reis, Axelrad 6 Toll 1025 Connecticut Avenue, N.N.Washington, D.C.20036 Counsel for Florida Power G Light Company/ |
| 'bBy:p:5--(AY.L~Lowenstein, Newman,Reis,Axelrad6Toll1025Connecticut Avenue,N.N.Washington, D.C.20036CounselforFloridaPowerGLightCompany/ | | Chairman Joseph M.Hendrie Office of the Commissioners U.S.Nuclear Regulatory Commission Washington, D.C.20555 Commissioner Victor Gilinsky Office of the Commissioners U.S.Nuclear Regulatory Commission Washington, D.C.20555 Commissioner Richard Kennedy Office of the Commissioners U.S.Nuclear Regulatory Commission Washington, D.C.20555 Commissioner Peter Bradford Office of the Commissioners U.S.Nuclear Regulatory Commission Washington, D.C.20555 Commissioner John F.Ahearne Office of the Commissioners U.S.Nuclear Regulatory Commission Washington, D.C.20555 Alan S.Rosenthal, Esquire Atomic Safety and Licensing Appeal Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Jerome E.Shar fman, Esquire Atomic Safety and Licensing Appeal Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Richard S.Salzman, Esquire Atomic Safety and Licensing Appeal Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Robert M.Lazo,.;.Esquire'.".Atomic Safety and Licensing Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Robert A.ablon, Esauz.re Spiegel 6 McDiarmid 2600 Virginia Avenue, N.W.Washington, D.C.20037 Melvin G.Berger, Esquire Antitrust Division U.S.Department of Justice P.O.Box 14141 Washington, D.C.20044 Lee Scott Dewey, Esquire Counsel for the Staff U.S.Nuclear Regulatory Commission Washington, D.C.20555 r'I C.R.Stephens, Supervisor (20)Docketing and Service Station Office of the Secretary of the Commission I U.S.Nuclear Regulatory Commission Washington, D.C.20555 William C.Wise, Esquire Suite 200 1019 19th Street, N.W.Washington, D.C.20036 William H.Chandler, Esquire Chandler, O'Neal, Avera, Gray, Lang&Stripling P.O.Drawer 0 Gainesville, Florida 32602 Jerome Saltzman Chief, Antitrust and Indemnity Group U.S.Nuclear Regulatory Commission Washington, D.C.20555/Samuel J.Chilk Secretary U.S.Nuclear Regulatory Commission Washington, D.C.20555 Ivan W.Smith, Esquire Chairman, Atomic Safety and Licensing Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Valentine B.Deale, Esquire Atomic Safety and Licensing Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555}} |
| ChairmanJosephM.HendrieOfficeoftheCommissioners U.S.NuclearRegulatory Commission Washington, D.C.20555Commissioner VictorGilinskyOfficeoftheCommissioners U.S.NuclearRegulatory Commission Washington, D.C.20555Commissioner RichardKennedyOfficeoftheCommissioners U.S.NuclearRegulatory Commission Washington, D.C.20555Commissioner PeterBradfordOfficeoftheCommissioners U.S.NuclearRegulatory Commission Washington, D.C.20555Commissioner JohnF.AhearneOfficeoftheCommissioners U.S.NuclearRegulatory Commission Washington, D.C.20555AlanS.Rosenthal, EsquireAtomicSafetyandLicensing AppealBoardPanelU.S.NuclearRegulatory Commission Washington, D.C.20555JeromeE.Sharfman,EsquireAtomicSafetyandLicensing AppealBoardPanelU.S.NuclearRegulatory Commission Washington, D.C.20555RichardS.Salzman,EsquireAtomicSafetyandLicensing AppealBoardPanelU.S.NuclearRegulatory Commission Washington, D.C.20555RobertM.Lazo,.;.Esquire'."
| |
| .AtomicSafetyandLicensing BoardPanelU.S.NuclearRegulatory Commission Washington, D.C.20555RobertA.ablon,Esauz.reSpiegel6McDiarmid 2600VirginiaAvenue,N.W.Washington, D.C.20037MelvinG.Berger,EsquireAntitrust DivisionU.S.Department ofJusticeP.O.Box14141Washington, D.C.20044LeeScottDewey,EsquireCounselfortheStaffU.S.NuclearRegulatory Commission Washington, D.C.20555r'IC.R.Stephens, Supervisor (20)Docketing andServiceStationOfficeoftheSecretary oftheCommission IU.S.NuclearRegulatory Commission Washington, D.C.20555WilliamC.Wise,EsquireSuite200101919thStreet,N.W.Washington, D.C.20036WilliamH.Chandler, EsquireChandler, O'Neal,Avera,Gray,Lang&Stripling P.O.Drawer0Gainesville, Florida32602JeromeSaltzmanChief,Antitrust andIndemnity GroupU.S.NuclearRegulatory Commission Washington, D.C.20555/SamuelJ.ChilkSecretary U.S.NuclearRegulatory Commission Washington, D.C.20555IvanW.Smith,EsquireChairman, AtomicSafetyandLicensing BoardPanelU.S.NuclearRegulatory Commission Washington, D.C.20555Valentine B.Deale,EsquireAtomicSafetyandLicensing BoardPanelU.S.NuclearRegulatory Commission Washington, D.C.20555}} | |
|
|---|
Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEAR3F0999-05, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines1999-09-14014 September 1999
Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines
L-99-201, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments1999-09-0707 September 1999
Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors.Fpl Followed Development of NEI Comments on Rulemaking & Endorse These Comments
ML20206H4441999-05-0303 May 1999
Comment Opposing Proposed Rules 10CFR170 & 10CFR171 Re Rev of Fy 1999 Fee Schedules
ML20205J0461999-04-0101 April 1999
Comment Supporting Proposed Draft Std Review Plan on Foreign Ownership,Control & Domination.Util Supports Approach Set Forth in SRP Toward Reviewing Whether Applicant for NRC License Owned by Foreign Corp.Endorses NEI Comments
ML20205B3771999-03-16016 March 1999
Comment Opposing PRM 50-64 Re Liability of Joint Owners of Npps.Util Endorses Comments of NEI & Urges Commission to Deny Petition for Rulemaking
ML17355A2511999-03-0909 March 1999
Comment Supporting Amend to Policy & Procedure for NRC Enforcement Actions Re Treatment of Severity Level IV Violations at Power Reactors.Util Also Endorses Comments of NEI on Revs
L-98-306, Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP1998-12-10010 December 1998
Comment Opposing Proposed Rule 10CFR50 Re Requirements for Monitoring Effectiveness of Maint at NPP
L-98-272, Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses1998-10-28028 October 1998
Comment on Draft Reg Guide DG-4005, Preparation of Suppl Environ Repts for Applications to Renew Nuclear Power Plant Operating Licenses
L-98-252, Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule1998-10-0606 October 1998
Comment Supporting Proposed Rules 10CFR2 & 51 Re Streamlined Hearing Process for NRC Approval of License Transfers.Fpl Also Endorses Comments of NEI on Proposed Rule
L-98-248, Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement1998-10-0505 October 1998
Comment Supporting Statement of Policy on Conduct of Adjudicatory Proceedings.Fpl Also Endorses Comments of NEI on Policy Statement
ML17229A7551998-05-29029 May 1998
Comment Opposing Proposed Communication Re Augmented Insp of Pressurized Water Reactor Class 1 High Pressure Safety Injection Piping
ML20217P6691998-04-0202 April 1998
Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Standards,Amended Requirements
ML17354A8741998-03-27027 March 1998
Comment Opposing Proposed Generic Communication,Lab Testing of nuclear-grade Activated Charcoal (M97978)
ML20216C1991998-03-0303 March 1998
Comment on Proposed Generic Communication Re Yr 2000 Readiness of Computer Sys at Npps.Util Endorses Nuclear Energy Inst Comments.Comments Submitted on Behalf of Plant
ML17354B1061998-02-26026 February 1998
Submits Listed Requests for NRC EA Per 10CFR2.206 to Modify OLs for All FPL NPPs Until Licensee Can Demonstrate Open Communication Channels Exist Between NRC & Licensee.Also Requests EA to Address Alleged Discriminatory Practices
L-97-269, Comment on Pr 10CFR55, Initial Licensed Operator Exam Requirements1997-10-21021 October 1997
Comment on Pr 10CFR55, Initial Licensed Operator Exam Requirements
L-97-265, Comment on Proposed Rules 10CFR50 & 73, Frequency of Reviews & Audits for Emergency Prepardness Programs Safeguards Contingency Plan & Security Programs for Np Reactors1997-10-14014 October 1997
Comment on Proposed Rules 10CFR50 & 73, Frequency of Reviews & Audits for Emergency Prepardness Programs Safeguards Contingency Plan & Security Programs for Np Reactors
ML20217M0751997-08-13013 August 1997
Licensee Response to Supplemental 10CFR2.206 Petitions Filed by Tj Saporito & National Litigation Consultants.Petition Provides No Basis for Extraordinary Relief Requested. Petition Should Be Denied.W/Certificate of Svc
ML20217J4321997-08-0707 August 1997
Memorandum & Order.* Grants Staff Petition for Review & Reverses Presiding Officer Decision Requiring Staff to Issue Tetrick SRO License.Order Disapproved by Commissioner Diaz. W/Certificate of Svc.Served on 970807
ML20148P8461997-06-25025 June 1997
Memorandum & Order (Determination of Remand Question).* Concludes That Presiding Officer Reaffirms Determination That Response of Rl Tetrick to Question 63 of Exam to Be SRO Was Incorrect.W/Certificate of Svc.Served on 970626
ML17354A5521997-06-18018 June 1997
Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems.
ML20141F5711997-06-13013 June 1997
Supplemental Affidavit of B Hughes & Ta Peebles.* Affidavit Re Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam.W/Certificate of Svc
ML20141F5441997-06-13013 June 1997
NRC Staff Response to Presiding Officer Memorandum & Order (Questions Relevant to Remand).* Staff Submits That Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam Should Be Denied
ML20148G6531997-05-27027 May 1997
Notice.* Forwards Documents Received & Read by Author from Rl Tetrick on 970317 W/O Being Served as Required Under Procedural Rules.W/Certificate of Svc.Served on 970527
ML20148G7071997-05-27027 May 1997
Memorandum & Order (Questions Relevant to Remand).* Rl Tetrick May Respond to Questions W/Filing Served Pursuant to Procedural Regulations W/Notarized Statement to Be Received by 970617.Certificate of Svc Encl.Served on 970527
ML17354A5181997-05-27027 May 1997
Licensee Response to 10CFR2.206 Petition Filed by Tj Saporito & National Litigation Consultants.Petition Should Be Denied,Based on Listed Info.W/Certificate of Svc
ML20148G7501997-05-20020 May 1997
Memorandum & Order CLI-97-05.* Staff May Withhold Issuance of SRO License to Rl Tetrick Pending Further Order of Commission.W/Certificate of Svc.Served on 970520
ML17354A5631997-05-17017 May 1997
Second Suppl to 970423 Petition Requesting Enforcement Against Listed Util Employees by Imposing Civil Penalties, Restricting Employees from Licensed Activities & Revoking Unescorted Access
ML20141C7331997-05-16016 May 1997
Order Extending Until 970616,time within Which Commission May Rule on NRC Staff 970416 Petition for Review of Presiding Officer Initial Decision.W/Certificate of Svc. Served on 970516
ML17354A5611997-05-11011 May 1997
Suppl to 970423 Petition Requesting Enforcement Action Against Util Former Executive Vice President,Site Vice President & Maint Superintendent by Imposing Civil Monetary Penalty
ML20138J2271997-05-0202 May 1997
NRC Staff Response to Questions Posed in Commission Order of 970425.* Staff Respectfully Submits That Commission Should Undertake Review of Presiding Officer Decisions in Proceedings LBP-97-2 & LBP-97-6
ML20138J2241997-05-0202 May 1997
Line (Providing Omitted Citation).* Informs That Submitted Citation Inadvertently Omitted from Response to Questions Posed in Commission Order of 970425.W/Certificate of Svc
ML20138J2331997-05-0202 May 1997
Affidavit.* Affidavit of B Hughes Re Denial of Application for SRO License for Rl Tetrick.W/Certificate of Svc
ML20138J2401997-04-25025 April 1997
Scheduling Order.* Staff Instructed to File W/Commission,By COB 970502,response to Tetrick Argument Re Question 63 & Discussion of Legal Significance of Consistent Staff Practices.W/Certificate of Svc.Served on 970425
ML17354A5651997-04-23023 April 1997
Requests That NRC Take EA to Modify,Suspend or Revoke FPL Operating Licenses for All Four Nuclear Reactors Until Licensee Can Sufficiently Demonstrate to NRC & Public That Employees Encouraged to Freely Raise Safety Concerns
ML20137X5921997-04-16016 April 1997
NRC Staff Petition for Commission Review of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Undertake Review of Presiding Officer Decisions in Proceeding.W/Certificate of Svc
ML20137X5511997-04-11011 April 1997
NRC Request for Issuance of Order Staying Effectiveness of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Stay Effectiveness of Decision in Subj Proceeding.W/Certificate of Svc
ML20137R3531997-03-27027 March 1997
Correct Copy of Memorandum & Order (Denial of Reconsideration,Stay).* Denies NRC Staff Motion for Reconsideration.W/Certificate of Svc.Served on 970327
ML20137F5551997-03-25025 March 1997
NRC Staff Response to Memorandum & Order of 970321.* Presiding Officer Should Grant Staff 970310 Motion for Reconsideration.W/Certificate of Svc
ML20137F8251997-03-21021 March 1997
Memorandum & Order (Grant of Housekeeping Stay).* Orders That Effect of Initial Decision Postponed Until Close of Business on 970326.W/Certificate of Svc.Served on 970321
ML20137F5081997-03-17017 March 1997
NRC Staff Motion for Issuance of Stay.* Requests That Presiding Officer Deny NRC Staff Request for Issuance of Stay in Matter of Issuance of SRO License
ML20137F5371997-03-17017 March 1997
NRC Staff Motion for Reconsideration in Matter of Rl Tetrick.* Requests That Presiding Officer Deny NRC Staff Request for Reconsideration
ML20136F2981997-03-12012 March 1997
Memorandum & Order (Grant of Housekeeping Stay).* Informs That Initial Decision Issued by Presiding Officer on 970228 Postponed Until 970321 & Rl Tetrick May File Response by 970318.W/Certificate of Svc.Served on 970312
ML20136F2351997-03-10010 March 1997
NRC Staff Motion for Reconsideration Introduction.* Requests That Presiding Officer Reconsider Determination That Tetrick Passed Written Exam & Find,Instead,That Tetrick Failed Written Exam
ML20136F3411997-03-10010 March 1997
NRC Staff Request for Issuance of Order Staying Effectiveness of Presiding Officers Initial Decision LBP-97-2.* Staff Submits That Presiding Officer Should Stay Effectiveness of Initial Decision.W/Certificate of Svc
ML20136F2721997-03-0606 March 1997
Supplemental Affidavit of B Hughes.* Supports Staff Motion for Reconsideration of Presiding Officer Initial Decision of 970228.W/Certificate of Svc
ML20138Q0191997-02-28028 February 1997
Initial Decision.* Concludes That Rl Tetrick Had Passing Score of 80% & Should Be Granted License as Sro. W/Certificate of Svc.Served on 970228
ML20134A6661997-01-23023 January 1997
Affidavit of B Hughes & Ta Peebles Re Denial of Application for SRO License.W/Certificate of Svc.Served on 970124
ML20134A6551997-01-23023 January 1997
Written Presentation of NRC Staff.* Staff Concludes That SE Turk Failed Written Exam & Did Not Establish Sufficient Cause to Change Grading of Answers to Listed Questions. Denial of Application for SRO License Should Be Sustained
ML20137R4681996-12-10010 December 1996
Transcript of 961210 Proceeding in Atlanta,Ga Re Predecisional EC Re Facility Activities.Pp 1-151.Supporting Documentation Encl
1999-09-07
[Table view]
Category:PLEADINGS
MONTHYEARML17354B1061998-02-26026 February 1998
Submits Listed Requests for NRC EA Per 10CFR2.206 to Modify OLs for All FPL NPPs Until Licensee Can Demonstrate Open Communication Channels Exist Between NRC & Licensee.Also Requests EA to Address Alleged Discriminatory Practices
ML20217M0751997-08-13013 August 1997
Licensee Response to Supplemental 10CFR2.206 Petitions Filed by Tj Saporito & National Litigation Consultants.Petition Provides No Basis for Extraordinary Relief Requested. Petition Should Be Denied.W/Certificate of Svc
ML20141F5441997-06-13013 June 1997
NRC Staff Response to Presiding Officer Memorandum & Order (Questions Relevant to Remand).* Staff Submits That Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam Should Be Denied
ML17354A5181997-05-27027 May 1997
Licensee Response to 10CFR2.206 Petition Filed by Tj Saporito & National Litigation Consultants.Petition Should Be Denied,Based on Listed Info.W/Certificate of Svc
ML17354A5631997-05-17017 May 1997
Second Suppl to 970423 Petition Requesting Enforcement Against Listed Util Employees by Imposing Civil Penalties, Restricting Employees from Licensed Activities & Revoking Unescorted Access
ML17354A5611997-05-11011 May 1997
Suppl to 970423 Petition Requesting Enforcement Action Against Util Former Executive Vice President,Site Vice President & Maint Superintendent by Imposing Civil Monetary Penalty
ML20138J2271997-05-0202 May 1997
NRC Staff Response to Questions Posed in Commission Order of 970425.* Staff Respectfully Submits That Commission Should Undertake Review of Presiding Officer Decisions in Proceedings LBP-97-2 & LBP-97-6
ML17354A5651997-04-23023 April 1997
Requests That NRC Take EA to Modify,Suspend or Revoke FPL Operating Licenses for All Four Nuclear Reactors Until Licensee Can Sufficiently Demonstrate to NRC & Public That Employees Encouraged to Freely Raise Safety Concerns
ML20137X5921997-04-16016 April 1997
NRC Staff Petition for Commission Review of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Undertake Review of Presiding Officer Decisions in Proceeding.W/Certificate of Svc
ML20137X5511997-04-11011 April 1997
NRC Request for Issuance of Order Staying Effectiveness of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Stay Effectiveness of Decision in Subj Proceeding.W/Certificate of Svc
ML20137F5551997-03-25025 March 1997
NRC Staff Response to Memorandum & Order of 970321.* Presiding Officer Should Grant Staff 970310 Motion for Reconsideration.W/Certificate of Svc
ML20137F5081997-03-17017 March 1997
NRC Staff Motion for Issuance of Stay.* Requests That Presiding Officer Deny NRC Staff Request for Issuance of Stay in Matter of Issuance of SRO License
ML20137F5371997-03-17017 March 1997
NRC Staff Motion for Reconsideration in Matter of Rl Tetrick.* Requests That Presiding Officer Deny NRC Staff Request for Reconsideration
ML20136F2351997-03-10010 March 1997
NRC Staff Motion for Reconsideration Introduction.* Requests That Presiding Officer Reconsider Determination That Tetrick Passed Written Exam & Find,Instead,That Tetrick Failed Written Exam
ML20136F3411997-03-10010 March 1997
NRC Staff Request for Issuance of Order Staying Effectiveness of Presiding Officers Initial Decision LBP-97-2.* Staff Submits That Presiding Officer Should Stay Effectiveness of Initial Decision.W/Certificate of Svc
ML20129D6681996-10-18018 October 1996
NRC Staff Answer to Rl Tetrick Request for Hearing.* Staff Does Not Oppose Request & Will Be Prepared to Submit Hearing File.W/Certificate of Svc & Notice of Appearance
ML20082G8931991-08-0202 August 1991
Licensee Opposition to Petition for Hearing & Leave to Intervene.* Hearing Re Notice of Violation & Proposed Imposition of Civil Penalty Re Facility.Petition Should Be Denied Due to Listed Reasons.W/Certificate of Svc
ML20070E7721991-02-25025 February 1991
NRC Staff Response to Licensee Motion to Reject or Strike Appellant Reply.* Sarcastic Language in Reply Should Be Stricken & Applellant Should Be Required to Provide Supplementary Info.W/Certificate of Svc
ML20070C1971991-02-19019 February 1991
Licensee Reply to Appeal Request of Tj Saporito.* Licensee Adopts Position & Argument of NRC as Stated in Appeal. W/Certificate of Svc
ML20066G9711991-02-0808 February 1991
Licensees Motion to Reject or Strike Petitioners Reply to Motion to Dismiss.* Moves Aslab to Reject or Strike Nuclear Energy Accountability Project 910128 Reply Due to Discourteous & Insulting Tone of Reply.W/Certificate of Svc
ML20073E0511991-01-28028 January 1991
Reply.* Board of Directors of Nuclear Energy Accountability Project (Neap) Have Not Decided to Dissolve Neap.Tj Saporito Notification That Neap Will Dissolve by 901231 Was Outside Authority.Aslb 910110 Order Is Moot.Appeal Should Be Valid
ML20070A0371991-01-0909 January 1991
Licensee Answer to Petitioner Motion for Reconsideration.* Request for Hearing & Intervention Should Be Denied Due to Petitioner Lack of Standing & Timing of Contentions Is Moot. W/Certificate of Svc
ML20066D5981990-12-26026 December 1990
Reply to Answers to Petition & Amended Petition.* Intervenor Finds ASLB 901206 Order Premature & Requests That Hearing on Record Be Granted
ML20066A2531990-12-21021 December 1990
Motion for Order to Show Cause Why Nuclear Energy Accountability Project (Neap) Should Not Be Dismissed from Proceeding.* Unless Aslab Denies Appeal Prior to 901231,NEAP Should Show Cause for Dismissal.W/Certificate of Svc
ML20066A1081990-12-19019 December 1990
Motion for Order to Show Cause Why Proceeding Should Not Be Terminated.* Nuclear Energy Accountability Project Should Be Directed to Show Why Proceeding Should Not Be Terminated, Unless Appeal Denied Prior to 901231.W/Certificate of Svc
ML20065T8771990-12-13013 December 1990
Motion to Withdraw.* Withdraws from Proceeding Due to Dissolution of Organization,Effective 901231.W/Certificate of Svc.Served on 901213.Granted for Licensing Board on 901212
ML20065T7851990-12-13013 December 1990
Licensee Response to Motion to Withdraw.* Licensee Lack of Objection to Withdrawal of Nuclear Energy Accountability Project from Proceeding Noted.W/Certificate of Svc
ML20065T7921990-12-0808 December 1990
Motion to Withdraw.* Nuclear Energy Accountability Project Will Be Dissolved Effective 901231.W/Certificate of Svc
ML20065T8461990-12-0505 December 1990
Licensee Response to Notices of Change of Address.* Inconsistencies Re Issue of Standing Have Been Injected Into Proceeding by Notices.W/Certificate of Svc
ML20062B9861990-10-11011 October 1990
Licensee Opposition to Nuclear Energy Accountability Project (Neap) Request to Change Location of Oral Argument.* Neap Request to Transfer Location of Oral Argument Should Be Denied.W/Certificate of Svc
ML20059L8401990-09-14014 September 1990
Applicant Response to Memorandum & Order (Motion to Dismiss).* Board Should Not Undertake Sua Sponte Review Due to Board Lacking Jurisdiction.W/Certificate of Svc
ML20059C5021990-08-31031 August 1990
NRC Staff Response to Licensing Board Order of 900717.* Requests That Licensing Board Refrain from Raising Sua Sponte Issues
ML20059A8941990-08-16016 August 1990
Opposition to Motion for Extension of Time to Appeal.* Requests That Nuclear Energy Accountability Project 900813 Motion for Extension of Time to File Brief in Support of Appeal Be Denied.W/Certificate of Svc
ML20059A8791990-08-13013 August 1990
Motion for Extension of Time to Appeal.* Requests Extension of 15 Days to File Brief in Support of Appeal.W/Certificate of Svc.Served on 900817.Granted for Appeal Board on 900817
ML20059B0161990-08-13013 August 1990
Motion for Extension of Time to Appeal.* Board Should Grant Extension of Time to Insure Intervenor Has Opportunity to Fully & Completely Address Issues on Appeal.W/Certificate of Svc
ML20056B2181990-08-10010 August 1990
NRC Staff Motion for Extension of Time.* Requests Extension of Time Until 900831 to File Response to Licensing Board 900717 Order,Per 10CFR2.711.W/Certificate of Svc
ML20056B2011990-08-0303 August 1990
Licensee Motion for Leave to Submit Citation to Supplemental Authority.* Licensee Moves for Leave to Call Recent Supreme Court Authority to Attention of Appeal Board.W/Certificate of Svc.Served on 900803.Granted for Appeal Board on 900803
ML20056A3751990-07-31031 July 1990
NRC Staff Response to Licensee Motion to Submit Citation to Supplemental Authority.* NRC Has No Objection to Granting of Licensee 900716 Motion.W/Certificate of Svc
ML20056A3821990-07-25025 July 1990
Notice of Appeal.* Requests Oral Argument on Issue of Standing & That Argument Be Held in Miami,Fl to Permit Fair & Equitable Opportunity to Address Issue in Proceeding. W/Certificate of Svc
ML20055G6491990-07-16016 July 1990
Licensee Motion for Leave to Submit Citation to Supplemental Authority.* Licensee Moves for Leave to Call Recent Supreme Court Authority to Attention of Appeal Board & Parties. Certificate of Svc Encl
ML20055G7851990-07-12012 July 1990
NRC Staff Response to Applicant Motion for Reconsideration.* Advises That Nuclear Energy Accountability Project Has Not Established Standing to Intervene in Proceeding,Therefore, Petition Should Be Denied.W/Certificate of Svc
ML20055F5891990-07-0606 July 1990
NRC Staff Response to Motions for Change of Location of Oral Argument.* NRC Does Not See Necessity for Aslab to Depart from Practice of Holding Oral Arguments in Bethesda,Md. Motion Should Be Denied.W/Certificate of Svc
ML20058K7551990-06-24024 June 1990
Intervenor Motion for Reconsideration of Appeal Board Order Setting Oral Argument.* Requests That Appeal Board Move Oral Argument Scheduled for 900710 in Bethesda,Md to Miami,Fl. Certificate of Svc Encl
ML20055D9241990-06-20020 June 1990
Appellant Motion to Move Place of Oral Argument.* Appellant Motion Should Be Granted.W/Certificate of Svc
ML20043H1801990-06-19019 June 1990
Unopposed Request for 1-day Extension.* Extension Requested in Order to Seek Legal Advise Re Board 900615 Order on Intervention Status.Granted for ASLB on 900619. Served on 900620.W/Certificate of Svc
ML20043A6761990-05-17017 May 1990
Applicant Reply to Nuclear Energy Accountability Project (Neap) Response to ASLB Memorandum & Order.* Neap Petition to Intervene Should Be Denied & Proceeding Dismissed.W/ Certificate of Svc
ML20042E6011990-04-20020 April 1990
Intervenors Answer to Applicant 900413 Response & Intervenors Motion for Sanctions Against Applicant & Intervenors Motion for Leave to Amend Contentions.* Certificate of Svc Encl
ML20012F7051990-04-13013 April 1990
Applicant Response to Notice of Withdrawal from Proceeding.* Advises That Nuclear Energy Accountability Project (Neap) No Longer Has Standing Since Saporito Withdrew from Proceeding & Neap Has Not Established Standing.W/Certificate of Svc
ML20011F1151990-02-23023 February 1990
Intervenors Motion for Extension of Time to File Appeal Brief.* Requests 5-day Extension Until 900305 to File Appeal Brief Due to Author Family Health Matters Interfering W/ Ability to Meet Commitments.W/Certificate of Svc
ML20011F1081990-02-23023 February 1990
Intervenors Motion for Extension of Time to File Appeal Brief.* Extension Requested to File Brief Due to Intervenor J Lorion Involved W/Family Health Matters.W/Certificate of Svc.Served on 900226.Granted for Aslab on 900223
1998-02-26
[Table view] |
Text
5d-'~r~<g C'8 y 0 i use<~>>7~UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission
))Florida Power&Light Company)(St.Lucie Plant, Unit No.1)))Florida Power&Light Company)'Turkey Point Plant, Units 3)and 4))'4 Docket No.50-335A Docket No.50-250A 50-251A RESPONSE OF FLORIDA PORTER 6 LIGHT COMPANY TO CITIES MOTION TO LODGE On August 9, 1979,-the Cities moved to"lodge" a decision of the FERC in FERC Docket No.78-19 which concerns Florida Power 6 Light Company (FPL)..-FPL opposes the motion.2/Section 105a of the Atomic Energy Act authorizes the.Commission N to act on the basis of a finding"by a court of competent juris-diction" that a licensee has violated the antitrust laws" in the conduct of the licensed activity." The FERC is not a court of competent jurisdiction, and it did not, by the terms of its decision, determine the existence of any violation of the anti-trust laws.Moreover, a decision concerning the justness and reasonableness of a tariff provision submitted in 1977 (and which never took effect)cannot conceivably have any relevance to the 1/Due to a'lerical error, counsel for FPL was not served with the Motion and did not receive it until August 24-Counsel for the Cities has authorized FPL's counsel to represent that the Cities have no objection to filing of this response out of time.2/The decision of the FERC is subject to reconsideration and judicial'review.FPL intends to request reconsideration.
question before this Commission
-whether-certain findings by the United States Court of Appeals for the Fifth Circuit con cerning events which took place before 1970 establish a violation of the antitrust laws"in the conduct of the licensed activity which warrants initiation of proceedings by this Commission The FERC decision, which was issued on the basis of an expedited hearing schedule which did not permit adequate discovery into or consideration of the truth or falsity of antitrust allegations, does not purport to determine antitrust issues The decision is subject to reconsideration by the FERC and to judicial review, and is, therefore, by no,means final.Moreover, it is not relevant to any of the issues pending here.The Motion seeks only to prejudice the Commission's consideration of the matters properly before it.FPL requests that it be denied Respectfully Submitted Dana.el M.Grzbbon Herbert Dym Covington 6 Burling 888 16th Street, N.W Washington, D~C~20006 J.A.Bouknight, Jr Lowenstein, Newman, Reis, Axelrad Toll 1025 Connecticut Avenue, N.W Washington, D~C~20036 August 24I 1979 John ED Mathews, Jr Mathews, Osborne, Ehrlich, McNatt Gobelman&Cobb 1500 American Heritage Life Bldg ll East Forsyth Street Jacksonville, Florida 32202!.Bp:~//J.A.Bouknxght, Jr i Counsel for Florida Power 6 Light Company UNITED STATES OF AY%RICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of: Florida Power 6 Light Company (St.Lucie Plant, Unit No.1)Florida Power&Light Company (Turkey Point Plant, Units 3 and 4))')))))).)Docket No.50-335A Docket No.50-250A 50-251A CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the following:
RESPONSE OF FLORIDA POWER 6 LIGHT COMPANY TO CITIES MOTION TO LODGE have been served on the persons shown on the attached list by deposit in the United States Mail, properly stamped and addressed on August 24, 1979.'b'+%I qQ 9 yg~~go~hg+
'b B y: p:5--(AY.L~Lowenstein, Newman, Reis, Axelrad 6 Toll 1025 Connecticut Avenue, N.N.Washington, D.C.20036 Counsel for Florida Power G Light Company/
Chairman Joseph M.Hendrie Office of the Commissioners U.S.Nuclear Regulatory Commission Washington, D.C.20555 Commissioner Victor Gilinsky Office of the Commissioners U.S.Nuclear Regulatory Commission Washington, D.C.20555 Commissioner Richard Kennedy Office of the Commissioners U.S.Nuclear Regulatory Commission Washington, D.C.20555 Commissioner Peter Bradford Office of the Commissioners U.S.Nuclear Regulatory Commission Washington, D.C.20555 Commissioner John F.Ahearne Office of the Commissioners U.S.Nuclear Regulatory Commission Washington, D.C.20555 Alan S.Rosenthal, Esquire Atomic Safety and Licensing Appeal Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Jerome E.Shar fman, Esquire Atomic Safety and Licensing Appeal Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Richard S.Salzman, Esquire Atomic Safety and Licensing Appeal Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Robert M.Lazo,.;.Esquire'.".Atomic Safety and Licensing Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Robert A.ablon, Esauz.re Spiegel 6 McDiarmid 2600 Virginia Avenue, N.W.Washington, D.C.20037 Melvin G.Berger, Esquire Antitrust Division U.S.Department of Justice P.O.Box 14141 Washington, D.C.20044 Lee Scott Dewey, Esquire Counsel for the Staff U.S.Nuclear Regulatory Commission Washington, D.C.20555 r'I C.R.Stephens, Supervisor (20)Docketing and Service Station Office of the Secretary of the Commission I U.S.Nuclear Regulatory Commission Washington, D.C.20555 William C.Wise, Esquire Suite 200 1019 19th Street, N.W.Washington, D.C.20036 William H.Chandler, Esquire Chandler, O'Neal, Avera, Gray, Lang&Stripling P.O.Drawer 0 Gainesville, Florida 32602 Jerome Saltzman Chief, Antitrust and Indemnity Group U.S.Nuclear Regulatory Commission Washington, D.C.20555/Samuel J.Chilk Secretary U.S.Nuclear Regulatory Commission Washington, D.C.20555 Ivan W.Smith, Esquire Chairman, Atomic Safety and Licensing Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Valentine B.Deale, Esquire Atomic Safety and Licensing Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555
