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Category:Legal-Motion
MONTHYEARML24032A2192024-02-0101 February 2024 Unopposed Motion for Leave to File Amended Response in Opposition to Fpl'S Motion to Strike Portions of Miami Waterkeeper'S Reply ML24018A2242024-01-18018 January 2024 Florida Power and Light Company'S Motion to Strike Portions of the Reply Filed by Miami Waterkeeper ML23349A2012023-12-15015 December 2023 Motion for Extension of Time to File Reply Submitted by Miami Waterkeeper ML20318A0242020-11-11011 November 2020 11-11-20 Petitioners Motion to Supplement Joint Appendix (DC Cir.)(Case No. 20-1026) ML20280A5542020-10-0505 October 2020 10-5-20 Petitioners Unopposed Motion for Extension (DC Cir.)(Case No. 20-1026) ML20224A0202020-08-0606 August 2020 8-6-20 Respondents Unopposed Motion for Extension of Time to File Brief (DC Cir.)(Case No. 20-1026) ML20086H0252020-03-25025 March 2020 Respondents Unopposed Motion to Dispense with Paper Copies (DC Cir.)(Case No. 20-1026) ML20084K0622020-03-23023 March 2020 3-23-20 Respondents Motion to Dismiss (Including Addendum and Exhibits) (D.C. Cir. )(Case No. 20-1026) ML20043D1402020-02-11011 February 2020 2-11-20 Florida Power and Light Company Unopposed Motion for Intervention (DC Cir.)(Case No. 20-1026) ML19357A2632019-12-23023 December 2019 Reply of Friends of the Earth, Natural Resources Defense Council, and Miami Waterkeeper in Support of Petition for Review of the Atomic Safety and Licensing Board'S Rulings in LBP-19-08 ML19207C0922019-07-26026 July 2019 Reply in Support of Motion to Migrate Contentions & Admit New Contentions in Response to NRC Staff'S Supplemental Draft Environmental Impact Statement ML19207C0952019-07-26026 July 2019 Reply of Natural Resources Defense Council, Friends of the Earth, & Miami Waterkeeper in Support of Petition for Waiver of 10 C.F.R. 51.53(C)(3) & 51.71(D) & 10 C.F.R. Part 51, Subpart a, Appendix B as Applied to Application ... ML19200A2292019-07-19019 July 2019 Intervenors' Motion to Extend Time to Appeal Dismissal of Contentions ML19179A3162019-06-28028 June 2019 Natural Resources Defense Council'S, Friends of the Earth'S, and Miami Waterkeeper'S Amended Motion to Migrate Contentions & Admit New Contentions in Response to NRC Staff'S Supplemental Draft Environmental Impact Statement ML19175A3092019-06-24024 June 2019 Expert Report of James Fourqurean ML19175A3102019-06-24024 June 2019 Expert Report of William Nuttle ML19175A3072019-06-24024 June 2019 Natural Resources Defense Council'S, Friends of the Earth'S, and Miami Waterkeeper'S Motion to Migrate Contentions & Admit New Contentions in Response to NRC Staff'S Supplemental Draft Environmental Impact Statement ML19015A3172019-01-15015 January 2019 Petitioners' Response to Applicant'S New Arguments on the Admissibility of Petitioners' Cooling Tower Contentions ML19015A3162019-01-15015 January 2019 Petitioners' Motion for Leave to Respond to Applicant'S Response to the NRC Staff'S Clarification Regarding the Admissibility of Proposed Cooling Tower Contentions ML18263A2052018-09-20020 September 2018 Monroe County, Florida'S Request to Participate as Interested Governmental Participant ML18172A2412018-06-21021 June 2018 NRC Staff'S Answer to Southern Alliance for Clean Energy'S Motion for Extension of Time to File Petitions to Intervene and Requests for Hearing ML18172A2422018-06-21021 June 2018 Notices of Appearance for Sherwin E. Turk and Jeremy L. Wachutka ML18172A2432018-06-21021 June 2018 Certificate of Service ML18127A2882018-05-0707 May 2018 Applicant'S Response to NRC Staff'S Motion for Extension of Time to File Exceptions ML18023B5822018-01-23023 January 2018 NRC Staff Motion to Reopen the Record to File Corrected Exhibit NRC-005-R ML18019A1432018-01-19019 January 2018 Notice of Withdrawal of William Blair ML18019A1472018-01-19019 January 2018 Notice of Withdrawal of William Blair ML16273A0842016-09-29029 September 2016 Case Inquiry Regarding Final Decision ML16273A5672016-09-29029 September 2016 Joint Motion to Govern Proceedings (DC Cir. No. 16-1108) 9-29-16 ML16179A4092016-06-27027 June 2016 Citizens Allied for Safe Energy Petition for Review ML16067A2712016-03-0707 March 2016 NRC Staff'S Motion in Response to the Board'S Order (Taking Official Notice and Ordering Briefing) ML16067A3702016-03-0707 March 2016 Florida Power & Light'S Motion to Controvert Officially Noticed Recommended Order ML16040A3462016-02-0909 February 2016 Case Statement on Transcript Corrections ML15343A3542015-12-0909 December 2015 Case Second Motion Requesting Subpoenas for Expert Witnesses for January 2016 ML15337A4232015-12-0303 December 2015 FPL Statement of Material Facts on Which No Genuine Dispute Exists ML15337A4222015-12-0303 December 2015 FPL Motion to Dismiss Case Contention 1 and for Summary Disposition ML15307A4702015-11-0303 November 2015 Case Motion Requesting Subpoenas for Expert Witnesses for January 2016 Evidentiary Hearing ML15292A5642015-10-19019 October 2015 FPL Motion to Strike Portions of Case'S Initial Statement ML15100A1792015-04-10010 April 2015 Corrected Notice of Appearance for Daniel Davis Straus ML15100A1302015-04-10010 April 2015 Notice of Appearance for Daniel Straus ML15085A5552015-03-26026 March 2015 Joint Motion Regarding Mandatory Disclosures ML0827008772008-09-26026 September 2008 Fpl'S Motion to Strike Saporito'S Reply and for Sanctions ML18088A5371979-03-28028 March 1979 Motion for Antitrust Hearing ML18088A5491978-08-28028 August 1978 Answer of the Department of Justice to Florida Power & Light Company'S Motion for Recall of Order in Light of Changed Circumstances ML18088A5551978-08-18018 August 1978 Motion for Recall of Order in Light of Changed Circumstances ML18305A6891977-12-22022 December 1977 Transmittal of Documents Referred to in Florida Cities' Motion to Lodge Documents. ML18088A5761977-11-0101 November 1977 Opposition of Florida Power & Light Company to Cities' Motion to Lodge Documents ML18227D4831977-10-26026 October 1977 Transmitting Corrected Legal Motion to Lodge Documents & Request It Be Substituted to Motion Filed on 10/25/1977 on Behalf of Florida Cities ML18088A5771977-10-26026 October 1977 Letter Enclosing a Corrected Copy of the Motion to Lodge Documents ML18088A5781977-10-25025 October 1977 Motion to Lodge Documents 2024-02-01
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UNITED STATES NUCLEAR REGULATORY COMMISSION In'the Matter of Florida Power & Light Company (St. Luci'e Plant, Unit No. 1) Docket Nom5'0-335A (Turkey Point Plant, Unit Nos. Docket Nos. 50-250A 3 and 4) and 50-251A MOTION FOR ANTITRUST HEARING By Order of July 27, .1978, the Commission requested advice as to whether to hold an antitrust proceeding in con-nection with the above-captioned dockets and whether such proceedings should be consolidated with the current 105(c) antitrust hearing on the St. Lucie 2 plant. Although the.
decision of the Fifth Circuit in i vi le v. Florida Power
~Li ht 573 9.2d 292 (1978) haa become final 1/, the Commission has not yet acted in this matter.
On March 23, 1979, the United States Court of Appeals for the District of Columbia Circuit entered an Order in Fort Pierce Utilities Authorit of the Cit of Fort Pierce, et al.
- v. Nuclear Re ulator Commission, Docket,No. 77-1925, et al.
2/ sustaining the Commission's position that it does not have 1/ Letter from Robert A. Jablon to Mr. Samuel J. Chilk, Secretary, NRC, of November 29, 1978, enclosing Denial of Certiorari and requesting action on the Commission's July 27, 1978 Order.
2/ This order is subject to certiorari review by the Supreme Court.
jurisdiction under Section 186 to order an antitrust review in connection with these units. However, in support of its holding, the Court further states (Slip Opinion, pgs. 30-31):
"To so immunize the licenses at issue here from post-licensing antitrust review under section 186(a) is not, as Florida Cities assert, to give FP&L a 'carte blance to use [its] facilities directly contrary to the antitrust laws.'ection 105(a) not only provides that nothing, in the Act preempts the normal operation of the antitrust laws, but also vests the Commission with authorit to revoke or modif FP&L's o eratin licenses in the event that a court finds that FP&L has violated those laws in the course of licensed activit .", thereby confirming the Commission s antitrust authority in this regard.
Since the questions relating to a 105(a) proceeding with regard to these dockets have been fully briefed, Florida Cities deem it inappropriate to reargue their position as to the basis for review and consolidation. However, in view of the decision of the Court of Appeals, Florida Cities do deem it appropriate to again renew their request that the Commission act on this matter 1/.
Respectfully submitted, Robert A. Jablon Attorney for Florida Cities March 28, 1979 Law offices of:
Spiegel & McDiarmid 2600 Virginia Avenue, N. W.
Washington, D. C. 20037 (202) 333-4500 1/ In view of the ongoing proceedings in Florida Power &
Liciht (St. Lucia 2), Docket No. 50-389A, judicial eco-nomy would favor a ruling so that if a hearing is ordered there need not be separate proceedings.
IIII I II UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of )
)
Florida Power & Light Company )
)
(St. Lucie Plant, Unit No. 1) ) Docket No. 50-335A
)
(Turkey Point Plant, Unit Nos. ) Docket Nos. 50-250A 3 and 4) ) and 50-251A CERTIFICATE OF SERVICE I hereby certify that the foregoing MOTION FOR ANTITRUST HEARING has been served on the following persons by deposit in the United States mail, first class, postage prepaid, this
- 28th day of March, 1979:
Chase Stephens, Chief -Herbert Dym, Esq.
Docketing & Service Section Daniel Gribbon, Esq.
Nuclear Regulatory Commission Joanne Grossman, Esq.
Washing ton, D. C. 20555 Covington & Burling 888 16th Street, N. W.
Lee Dewey, Esq. Washington, D. C. 20006 Fred Chanania, Esq, Dave Evans, Esq. Mel Berger, Esq.
Office of the Executive Mildred Calhoun, Esq.
Legal Director Department of Justice Nuclear Regulatory Commission Antitrust Department Washington, D.C. 20555 1101 Pennsylvania Avenue, N. W.
Washington, D,. C. 20530-Ivan W. Smith, Chairman Atomic Safety & Licensing Board John E. Mathews, Jr., Esq.
Nuclear Regulatory Commission Mathews, Osborne, Ehrlich, Washington, D. C. 20555 McNatt, Gobelman & Cobb 1500 American Heritage Life Bldg.
Robert Lazo Jacksonville, Florida 32202 Atomic Safety & Licensing Board Nuclear Regulatory Commission J. A. Bouknight, Jr., Esq.
Washington, D. -C. 20555 E. Gregory Barnes, Esq.
Lowenstein, Newman, Reis &
Jerome Saltzman, Chief -Axelrad Antitrust & Indemnity Group 1025 Connecticut Avenue, N. W.
Nuclear Regulatory Commission Washington, D. C. 20555 Washing ton, D. C. 20555 Valentine B. Deale Atomic Safety & Licensing Board Nuclear Regulatory Commission Washington,'. C. 20555 Robert A. ablon Attorney for Florida Cities