ML18127A730
| ML18127A730 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 03/11/1977 |
| From: | Bouknight J, Mathews J Florida Power & Light Co, Lowenstein, Newman, Reis & Axelrad, Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb |
| To: | Smith I Atomic Safety and Licensing Board Panel |
| References | |
| Download: ML18127A730 (8) | |
Text
LAW OPFICC5 LONITEASTEIIi. ÃE4V'2fKILN.,REIS 8C AXELHAD v'oDERr I O2 5 CONN CCT I CUT AVCNUC, N. W.
LowENSTEIH JACK 4, NCWHAN WASHINGTON. 0.C. 20036 HAROLD I' RCIS HAVRICC,AXCLAAO 202 633-837I KATHLCEN H, SH CA J, A, 4OVKNIGHT, JR, HICHACL
- 4AVSER
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FREDERIC $ . GRAT LINDA L. HODGC KENNETH G 5'FAALING JOCL 5 WIGHT IAPN CALIF)
'arch 11, 1977 J
Ivan N. Smith, Esquire, Chairman, Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Room E-427 4350 East Nest Highway Bethesda, Maryland 20014'e:
Florida Power 6 Light Company Docket. No. 5'0-389A
Dear Chairman Smith:
On February 4, 1977, 'the Board issued a- Memorandum Requesting Briefs on the status of the proposed license condi-tions to the St. Lucie 'Unit No. 2 licenses (attached hereto).
Subsequently, by Order dated March 2, the Board set March 21, as the date for submittal of the requested briefs. Following discussions with the NRC Staff, Applicant is -prepared to enter upon certain'ommitments which may obvi'ate the need for one or more parties to 'file briefs, and which certainly narrow -the matters potentially in dispute.
Independent of any position. on the legal status of the attached. proposed license conditions, Applicant is prepared to agree, and. does agree, to their imposition witnout change, except as recards any entity named therein which has requested or subsequently requests intervention, in an antitrust hearing IFrith
'respect to St. Lucie Unit No. 2. This would mean that reference to any entity originally named in the proposed cond'tions, and which has requested, or hereafter requests, such intervention would be deleted'rom the first sentence of the license. conditions.
To date, only one of the entities named in the license conditions, the City of New Smyrna Beach, Florida, has requested such intervention.
LOWZXSrisSZ. YS>>a~i, HZZS. & AXaX.R~O Ivan W. Smith, Esquire, Chairman March, 11, 1977 Page Applicant believes that this agreement protects the
'reasonable of the NRC Staff and those in'heexpectations proposed .lice'nse conditions, without violating the entities'amed principle that a'arty should .not be permitted to engage in litigation while at the same time availing itself of the benefits--of a 'compromise entered into for the purpose of avoiding the litigation.
Respectfully submitted, J A. Bouknigh , Jr.
owenstein, Newman, Reis 6 Axelrad .
Suite 1214 1025 Connecticut Avenue, N.W.
Washington, D.C. ,20036 c'
John E." Mathews, Jr.
Mathews, Osborne, Ehrlich, McNatt, Gobelman 6 Cobb 1500 American Heritage Life Building ll East Forsyth Street.
Jacksonville, Florida 32202 Counsel for Florida Power
& Light Company JAB/db cc: Daniel M. Head, Esquire John M. Frysiak, Esquire
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Robert. A. Jablon,, Esquire William C. Wise, Esquire William H. Chandler, Esquire Lee Scott Dewey, Esquire
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CCYiHITf/ENTS FOR FLORIDA POllER E LIGHT ST. LVC I E Uti IT 2
- 1. Mith regard to Clay County Electric Cooperative,.'Inc., l lorida Keys Electric Cooperative, Inc., Glades Electric Cooperative, Inc., Lee
. County Electric Cooperative, Inc., Okefenokee Rural Electric ffember-ship, Cooperative, Inc., Peace. River Electric Cooperative, Inc., and Suwannee Valley Electric Cooperative, Inc. and. the municipalities of New Smyrna Beach and Homestead:
- a. Licensee will 'offer each the opportunity to purchase, at'icensee's costs, a reasonable ownership share (hereafter, "Participant's Share" ) of the St. Lucie Plant,,Unit No. 2 (the Unit}.
".Licensee's costs" will include all costs associated with develop-ment, construction and operation of the Unit, determined in
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accordance with the Federal Power Commission's Uniform System of Accounts.
"Purchase" means payment, within a reasonable time, of parti-cipant's share of licensee's costs incurred through date of
'I acceptance of the offer, and, thereafter, regular payments of r ~
~~ the participant's share of all costs incurred during development,
, construction and operation of the Unit.
1/ Two or more of the referred-to coops may determine to aggregate their entitlements from the St. Lucie Unit ;=.2 through a single representative'.
In such'event, the licensee shall allocate the delivery of said entitle-ments as designated by the representative to one or more existing or
,mutually agreeabl Florida Power E Light Co. delivery points on the system provided that such delivery is technically feasible. 'ombined
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b.. Participant will notify licensee of its acceptance to participate in St. Lucie'2 within a reasonable time after. receipt of Uie offer.
C Licensee may ret'ain complete control a'nd act for .the other parti-cipants with respect to the. design, engineering, construction,
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operation and maintenance of St. Lucie Unit 2, and may make all decisions relevant thereto, in so far as they deal with the relationship between the licensee and the. other participants, including, but not limited to, decisions regar'ding adherence to AEC 'health, safety and environmental regulations, changes in construction schedule, modification or cancellation of the project, and operation at such time and at such capacity levels as .it deems proper, all without the consent of any participant.
- 2. Licensee shall facilitate the delivery of each participant's share of the output. of the Unit to that participant, on terms which are reason-able and will fully compensate it for the use of its facilities, to the extent that subject arrangements reasonably can be accommodated
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from a functional and technical. standpoint.
- 3. Licensee shall not refuse to operate in parallel to the extent that
'it is technically feasible to do so with the participants and shall provide emergency and maintenance power to participants as required when such power is or can be made available without jeopardizing
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~ e power supply to licensee's customers or its other power supp1y commit-ments. A separate rate schedule(s) shall be 'est'ablished for such emergency and maintenance power exchanges. 'I 0
- 4. At a time when licensee plans for the next nuclear .generating unit to
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.be constructed after St. Lucie No. 2 has reached the stage. of serious planning, but before firm de'cisions have been made as to the size and desired completion date of the proposed nuclear unit, licensee will notify all non-affiliated utility'ystems with peak loads smaller than licensee's which serve either at wholesale or at retail adjacent that licensee plans to construct I'o areas served by applicant such .
'I nuclear unit.
It is recognized that the fore'going conditions are to be implemented in a manner consistent witn the provisions of the Federal Power Act
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and all rates, charges or practices in connection therewith are to be subject to the approval of regulatory agencies having jurisdiction
,e over them.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION, BEFORE.'THE ATOMIC SAFETY AND'LICENSING BOARD In the Matter of )
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Florida Power 6 Light Company ),
(St. Lucie Plant, Units No. 1 ) Docket Nos. 50-335A and No. 2.) ) 50-389A
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Florida Power 6 Light Company ) Docket Nos.'0-250A (Turkey Point Plant, .Units ) 50-251A No. 3 and No. 4) )
CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the following:
Letter J. A.- Bouknight, Jr. to Ivan W.. Smith,'squire,',
dated March ll, X977 have be'en served on the persons shown on the attached list by hand delivery or deposit in the United States'ail, properly stamped and addressed on March 16,- 1977.
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J Linda I
L>/Hodge DATED: March 16, 1977 Counsel for Florida Power
.& Light, Company
Daniel M. Head, Esquire Secretary Atomic Safety and Licensing U. S. Nuclear Regulatory Board Panel Commission U. S. Nuclear Regulatory WAshington, D. C. 20555 Commission Washington, D. C. 20555 Atomic Safety and Licensing Board Panel John M. Frysiak, Esquire U. S; Nuclear Regulatory Atomic Safety and Licensing Commis s ion Board Panel Washington, D. C. 20555 U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D. C. 20555 Appeal Board Panel U. S. Nuclear Regulatory
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Ivan W. Smith, Esquire Commis sion Atomic Safety an'd Licensing Washington, D.C. 20555 Board Panel
.U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Robert A. Jablon, Esq.
Daniel J. Guttman, Esq.
2600 Virginia Avenue, N.W.
Washington, D. C. 20037 David A. Leckie Antitrust Division Department of Justice P. 0. Box 7513 Washington, D. C. 20044 Lee Scott Dewey Counsel for the Staff U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. C. R. Stephens, Supervisor Docketing and Service Station Office of the Secretary of the Commission Washington, D. C. 20555 (21 copies)