ML18227D545

Argument Order in Proceedings on August 10, 1977

ML18227D545
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	07/14/1977
From:	Duflo M Atomic Safety and Licensing Board Panel
To:
References
50-250A, 50-251A, 50-335A
Download: ML18227D545 (5)

Text

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UNITED STATES OF AIMRICA NUCLEAR REGULATORY CO ii'iISS ION Oy

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ATONIC SAFETY AND LICENSING APPEAL BOARD +

)Qf7 Alan S. Rosenthal, Chairman Richard S. Salzman 0'L++qyo'tKc 0

~gyps Jerome E. Sharfman

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In the Natter of )

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FLORIDA POWER AND LIGHT COMPANY ) . Docket. No. 50-335A (St. Lucie Plant, Unit No. 1) )

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FLORIDA POWER AND LIGHT COMPANY ) Docket Nos. 0-(Turkey Point Plant, Units No. ) 50- A 3 and 4) )

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ARGUIIENT ORDER July 14, 1977 The Board will hear oral h

argument in these proceedings at 10:00 a.m. on Wednesday, August 10, 1977 in the Commission's public hearing .room, 5th floor, East West Towers, 4350 East-West Highway, Bethesda, Maryland 20014. Argument. will be.,

confined to the following questions:

1. After a license to operate a nuclear power facility has been issued, what is the extent (if any) of the Commission's authority to modify, amend or revoke that license on antitrust.

grounds?

2. Assuming that the Commission has authority to amend, modify or revoke operating licenses on antitrust grounds, are there limits on the exercise of that authority depending upon

(a) the nature of the conduct charged or (b) when that conduct occurred?

3. Again assuming that the Commission has authority to amend, modify or revoke operating licenses on antitrust grounds, is the Director of Nuclear Reactor Regulation authorized'nder current regulations to order commencement of proceedings looking toward the possibility of such action?

4. Are not these proceedings mooted by our decision in ALAB-420, rendered July 12, 1977? That decision calls for an antitrust hearing on Unit 2 of FPGL's St. Lucie plant, and involves the identical petitions, parties, counsel, contentions and claims for relief.

Zn formulating answers to the foregoing, the parties should exclude from consideration the Commission's authority to enforce antitrust conditions made part of the operating licenses themselves and the Commission's authority to act after a licensee has been judicially found to have violated the antitrust laws.

Fach side is allowed one hour for argument, the staff and the licensee to share their time erzually unless they agree on some other division. The petitioners will open the argument and may reserve a portion of their time for rebuttal.

The parties shall advise the Secretary of this Board no later than August 3rd of the name of counsel who will present argument.

It is so ORDERED.

FOR THE ATONIC SAFETY AND LICENSINC~

APPEAL BOARD 1< ~"'.C'lC-'~/ D~ t>-M< '. 7( i>

margaret E. Du Plo Secretary to the Appeal Board

UNITED STATES OF AHEPXCA NUCLEAR REGULATORY CO~K'1XSSX0~7 Xn the Hatter of )

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FLORIDA POWER AND LXGnx COHPAiiY Docket No.(s) 50-3'3%A.

)= 50;389A (St. Lucie Plant, Units I 6 2; ) 50-250A Turkey Point Plant, Units 3 6 4) ) 50-251A

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)

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CERTXFXCATE OF SERVICE I hereby certify that I have this day served the foregoing document(s) upon each person designated on the. official service list compiled by the Office of the Secretary of the Commission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Commission's Rules and Regulations.

Dated at Myshingt n, D. . th day of 197+

0 ice o the Secretary of the Commission

UNITED STATES OF AMERICA NUCLEAR REGULATORY CQWISSION

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In the Matter of )

) DocRet No. (s) 50-335A and FLORIDA POIKR AKD LIGHT ) 50-389A'0-2SOA CQ%'ANY and 50-251A

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(St. Lucie Plant, Units 1 and 2; )

Turkey Point Plant, Units 3 )

and 4) )

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SERVICE LIST Ivan W. Smith, Esq., Chairman J.A. BouRnight, Jr , Esq.

Atomic Safety and Licensing Board Linda L. Hodge,'sq.

U.S. Nuclear Regulatory Commission Lowenstein, Newman, Reis and Axelrad ,

Washington, D.C. ZOSSS 1025 Connecticut Avenue, N.W.

Suite 1214 John M. Frysiak, Esq. Washington, D.C. 20036 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Tracy Danese, Esq.

Washington, D.C. 20555 Vice President Public Affai'rs Robert H. Lazo, Esq. Florida Power and. Light Company Atomic Safety and Licensing Board P.O. Box 013100 U.S. liluclear Regulatory Commission Miami, Florida 33101 Washington, D.C. 20555 Robert A. Jablon, Esq.

Joseph Rutberg, Esq. Spiegel and McDiarmid Antitrust Counsel 2600 Virginia Avenue, N.W.

U.S. Nuclear Regulatory Conmission Washington, D.C. 20037 Washington, D.C. 20555 Indian River Junior College Library Mr. 'Jerome" Sal'zman, Chief 3209 Virginia Avenue Office of Antitrust and Indemnity Ft. Pierce, Florida 334SO U.S.'uclear Regulatory'ommission Washington, D.C. 20555 Environmental and Urban

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Affairs

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Library Joseph J. Saunders, Esq. -

Flox'ida Internatiotkl University "

Antitrust Division Miami, Florida 33199 U.S. Department, of Justice Washington, D.C. 20530 William H, Chandler, Esq, Chandler; O'Neal, Avera, Gray, E. >fatthews, Jr., Esq. Lang and Strioling

'ohn Matthew's Osborne, Ehrlich, McNatt, P.O. Drawer 0 Gobelman and Cobb Gainesville, Florida 32602 1500 American Heritage Life Building Jacl'sonville, Florida 32202 William C. Wise, Esq.

1019 - 19 th Street, N.W., Suite 200 Washington, D.C. 20036