ML18305A697

Order

ML18305A697
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	12/09/1977
From:	Chilk S NRC/SECY
To:	Bradford P, Gilinsky V, Hendrie J, Kennedy R NRC/OCM
References
Download: ML18305A697 (3)

Text

L'tlTTED SlATES OF Ai1ERICA NUCLEAR REGU'TCRY Cml'lISSIQil CQI~t)I SS IOilERS:

v'oseph I. Hendrie, Chairman Victor Gilinsky Richard T. Kennedy Peter A. Bradford In the Hatter. of ~ )

PO'r!'ER 6 LIChT 'COHPAiiY

'LORIDA Docket Hos. 50-335A

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5 -3 ~!A (St. Lucie Plant, Uni t Hos. 1 8 2) . -25CA Point Plant, Unit 'les. 3 ~ 4)'Turkey 50-251A ORDER C

The intervencrs in the above-captioned i!atter, known collectively as 'the "florida Cities" have filed a motion with the Commission requesting pemissioh to lodge certain docu;!ents II and make them 'part of 4

the deciqiohal. record." This motion is opposed by tl.e applicagt hand the staff.. The motion. is denied for the reasons stated be]ow..-.

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. = . By order dated October. 25; 1977, the Cc ....ission decl irked to. review an Appeal Board decision affirming the Licensing Boar'd s:.' 'LAS-428,

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decision .to dery. the antitrust'review.requested by Florida, Cities a"'o

'I St. Lucie Unit No. 1 and Turkey Point, Unit Nos-. 3 8 4, all of'which ar Florida Cities consist of .he Fort Pierce Utilities Authority of the 'City of 'Fort Pier , the Gainesvii le-A<achua County Regior.al Electric k'ater and Sewer U i lities, the Lake !cnorth Utilities Authoritv, the Utilities Commission o th0 City of thew Smyrna Beach, the Orlando Utilities Commission, the Sebring Utilit',es Co,....ission,. an!d the Ci .ies of Alachua, Bartow, Fart Heade, Key gest,,"cun >ore ",=.'-.-.

y S'- C oud and Tal>a '>(see ~ lorida a; tne Flcr 1=a .';,")c.::=! :i : =s assoc.a"1cn-

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l operating facilities. The decision of the Licensing Board dismissing the Florida Cities'etition to intervene has therefore become final; no proceeding involving those plants is presently before the Commission.

Me also note that our order 'of October 25, 1977 directed iNRC staff

'romptly to'efer to the Attorney General the antitrust allegations of the Florida Cities, as well as any related information staff may have which may support such allegations. 42 U.S.C. 2135(b). The material referenced by the Florida Cities in its motion may contain such infor-mation. Staff is therefore directed to include the documents cited in the motion of the Florida Cities'mong the materials forwarded to the Attorney General for any possible enforcement action.

As to St. Lucie Unit Ho. 2, the Comnission has requested briefing by parties on questions raised by a petition to intervene filed by the Orlando, Utiliiies Commission. some 31-months after the statutory p'eriod established by Section 105 'of the Atomic Energy Act, as amended, or

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opportunity to petition for antitrust review of a license ~pplieatidn.

'he issues for briefing established by th'e Coomission's order dated

,k October 19', 1977 do not involve substantive antitrust issues; and thus

\ I the. documents offered by the Florida Cities are not relevant to the issues. before the. Commission at this time:

3 It is so ORDERED..

By the Commission

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I t Al 50'~.

SAifucL J;~ CHALK Secretary of t$ e Commission

'ated at 'rlashi'ngton, D.'C.

this 9th day 'of December, .1977.

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