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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARL-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 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 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 ML20137R4681996-12-10010 December 1996 Transcript of 961210 Proceeding in Atlanta,Ga Re Predecisional EC Re Facility Activities.Pp 1-151.Supporting Documentation Encl L-96-137, Comments on Proposed Rule 10CFR50, Reliability & Availability Info for Risk-Significant Sys & Equipment1996-06-0606 June 1996 Comments on Proposed Rule 10CFR50, Reliability & Availability Info for Risk-Significant Sys & Equipment IR 05000335/19960031996-03-0808 March 1996 Transcript of 960308 Hearing in Atlanta,Ga Re NRC Insp Repts 50-335/96-03 & 50-389/96-03.Pp 1-101.Supporting Documentation Encl ML17228B3551995-12-0404 December 1995 Comment Opposing Proposed Generic Communication, Boraflex Degradation in SFP Storage Racks. L-95-270, Comment Supporting Proposed Rules 10CFR2,50 & 51 Re Decommission of NPPs1995-10-15015 October 1995 Comment Supporting Proposed Rules 10CFR2,50 & 51 Re Decommission of NPPs ML17228B2841995-09-12012 September 1995 Comment Supporting Rg DG-1043,Rev 2 to Rg 1.49, NPP Simulation Facilities for Use in Operator License Exams. ML17228B2221995-07-13013 July 1995 Comment Supporting Proposed Generic Communication 10CFR50.54 Re Process for Changes to Security Plans W/O Prior NRC Approval L-95-199, Comment Supporting Proposed Rule 10CFR50 Re Changes in Frequency Requirements for Emergency Planning & Preparedness Exercises from Annual to Biennial1995-07-10010 July 1995 Comment Supporting Proposed Rule 10CFR50 Re Changes in Frequency Requirements for Emergency Planning & Preparedness Exercises from Annual to Biennial ML17353A2471995-06-27027 June 1995 Comments on Proposed Rule Re, Review of NRC Insp Rept Content,Format & Style. ML17228B2101995-06-27027 June 1995 Comment Opposing Proposed GL Relocation of Pressure Temp Limit Curves & Low Temp Overpressure Protection Sys Limits. ML20134N0421995-01-18018 January 1995 Partially Deleted Transcript of Interview W/J Kunkel on 950118 at Jensen Beach,Fl.Pp 1-40 ML20134N0621995-01-18018 January 1995 Partially Deleted Transcript of Interview W/A De Soiza on 950118 at Jensen Beach,Fl.Pp 1-40.Supporting Documentation Encl ML20134N0281995-01-18018 January 1995 Partially Deleted Transcript of Interview W/Eo Poarch on 950118 at Jensen Beach,Fl.Pp 1-78 ML20134N0331995-01-18018 January 1995 Partially Deleted Transcript of Interview W/D Jacobs on 960118 in Jensen Beach,Fl.Pp 1-50 ML20134N0301995-01-18018 January 1995 Partially Deleted Transcript of Interview W/H Fagley on 950118 at Jensen Beach,Fl.Pp 1-63 ML17228A9851995-01-17017 January 1995 Comment Supporting Proposal to Issue GL Providing Guidance for Determining When analog-to-digital Replacement Can Be Performed Under Requirements of 10CFR50.59 L-94-325, Comment on Proposed Rule 10CFR50 Re Fracture Toughness Requirements for LWR Pressure Vessels.Endorses NEI Comments & Recommendations1994-12-29029 December 1994 Comment on Proposed Rule 10CFR50 Re Fracture Toughness Requirements for LWR Pressure Vessels.Endorses NEI Comments & Recommendations L-94-329, Comment Supporting Proposed Rule 10CFR2 Re Policy Statement Rev, Policy & Procedure for Enforcement Actions; Policy Statement,Discrimination1994-12-22022 December 1994 Comment Supporting Proposed Rule 10CFR2 Re Policy Statement Rev, Policy & Procedure for Enforcement Actions; Policy Statement,Discrimination L-94-304, Comment Supporting Proposed GL Re Reconsideration of Nuclear Power Plant Security Requirements for Internal Threat1994-12-0202 December 1994 Comment Supporting Proposed GL Re Reconsideration of Nuclear Power Plant Security Requirements for Internal Threat ML17228A8751994-10-0303 October 1994 Comment Opposing Proposed Rule Re Pilot Program for NRC Recognition of Good Performance by Nuclear Power Plants ML20072S5221994-08-25025 August 1994 Comment Opposing Petition for Rulemaking 9-2 Re Request for NRC to Revise Regulations of 10CFR9 to Provide Public Access to Info Held by Licensees But Not Submitted to NRC L-94-206, Comment Opposing Proposed Change to Rule 10CFR26, Consideration of Changes to Fitness for Duty Requirements. Util Wants Current Scope of Drug Testing in 10CFR26 to Be Retained & Current Trustworthiness Programs to Be Improved1994-08-0909 August 1994 Comment Opposing Proposed Change to Rule 10CFR26, Consideration of Changes to Fitness for Duty Requirements. Util Wants Current Scope of Drug Testing in 10CFR26 to Be Retained & Current Trustworthiness Programs to Be Improved ML20072B3251994-08-0101 August 1994 Comment Opposing Proposed Rule 10CFR26 Re Change Consideration of fitness-for-duty Requirements L-94-150, Comment Supporting Petition for Rulemaking PRM-50-60 Re Amend to 10CFR50.54 by Changing Frequency W/Which Licensees Conduct Independent Reviews of Emergency Preparedness Program from Annually to Biennially1994-06-17017 June 1994 Comment Supporting Petition for Rulemaking PRM-50-60 Re Amend to 10CFR50.54 by Changing Frequency W/Which Licensees Conduct Independent Reviews of Emergency Preparedness Program from Annually to Biennially ML17228A3121993-09-24024 September 1993 Answer of Florida Municipal Power Agency to FPL Response in Opposition to Petition for Enforcement Action. W/Vols I & II of Apps ML17228A2981993-08-27027 August 1993 Response of Florida Power & Light Co in Opposition to Petition for Enforcement Action. ML17309A7141993-07-0202 July 1993 Petition of Florida Municipal Power Agency for Declaration & Enforcement...Antitrust Licensing Conditions & to Impose Requirements by Order. W/Vols I & II of Apps to Petition ML20045F2091993-06-24024 June 1993 Comment on Proposal Re Radiological Criteria for Decommissioning NRC-licensed Facilities.Supports Proposed Criteria ML17349A8161993-04-22022 April 1993 Comment Endorsing NUMARC Comments Re Proposed Generic Communication, Availability & Adequacy of Design Bases Info. 1999-09-07
[Table view] Category:ORDERS
MONTHYEARML20206J7501988-11-17017 November 1988 Order.* Grants NRC Motion on Behalf of Parties for Mod of Schedules Requesting Postponement of Hearing Scheduled to Commence on 881206.Hearing Will Commence on 891124 & Testimony Should Be Submitted by 881220.Served on 881117 ML20155H4161988-10-14014 October 1988 Memorandum & Order (Ruling on Motions for Summary Disposition).* Grants Licensee Motion for Summary Disposition for Contention 1 & Parts of Contentions 3 Through 7.Served on 881018 ML20153D2001988-08-30030 August 1988 Order.* Time for C Rich to Respond to Licensee Motion Extended Until 880907.Served on 880831 ML20151N5351988-07-27027 July 1988 Order.* Contention 2 Dismissed W/Prejudice as Moot,Per Intervenor Request.Served on 880729 ML20196A4181988-06-21021 June 1988 Order (Final Schedule).* Denies in Part & Grants in Part Intervenor C Rich Motion to Amend Hearing Schedule Issued on 880520 by Extending Each Deadline by 90 Days.All Deadlines Extended by 45 Days.Served on 880622 ML20197E1291988-05-31031 May 1988 Memorandum & Order (Dismissing Contention 5).* Contention Dismissed Due to Lack of Response of Intention to Pursue Contention 5.Served on 880601 ML20197E0191988-05-25025 May 1988 Order.* Grants C Rich 880520 Motion for Extension of Time Until 880607 to File Brief in Opposition to Licensee Appeal from ASLB 880420 Memorandum & Order.Served on 880525 ML20197E0601988-05-24024 May 1988 Order.* NRC 880523 Motion for Extension of Time Until 880607 to File Brief Denied Based on Lack of Justification.Served on 880524 ML20154H7281988-05-20020 May 1988 Memorandum & Order (Schedule).* Parties Directed to Commence Voluntary Discovery (W/Max Cooperation) on Admitted Contentions & Complete Said Discovery by 880901.Served on 880523 ML20151N9491988-04-20020 April 1988 Memorandum & Order.* C Rich Admitted as Party to Proceeding. Petitioner Contentions 3,4,6,8,9,11 & 15 Admitted,As Amended.Parties Desiring to Invoke Hybrid Hearing Procedures Should File Request by 880506.Served on 880422 ML20150C5941988-03-16016 March 1988 Memorandum & Order.* Order Denying Petitioner Request for Postponement of Hearing & Oral Argument for Addl 90 Days. Served on 880317 ML20149M2021988-02-18018 February 1988 Memo & Order (Scheduling Oral Argument on Intervention & Contentions).* Alsb Will Hold Oral Argument on C Rich 880115 Request for Hearing & Petition for Leave to Intervene.Served on 880222 ML20236P8771987-11-13013 November 1987 Memorandum & Order (Conference Call).* Util Directed to Meet W/C Rich to Resolve Concerns of Rich & Other Signatories to Rich .Rich Directed to File Amended Petition to Intervene by 880115 If Concerns Unresolved.Served on 871116 ML20207Q2861987-01-16016 January 1987 Memorandum & Order (Dismissing Hearing Request).* J Paskavitch 861106 Request for Hearing Re Spent Fuel Transfer Dismissed Due to Inadequate Statement of Interest. Served on 870120 ML20215B1361986-12-0909 December 1986 Order Requesting That Util Forward,To Each Board Member,Copy of 860702 License Amend Application Based on J Paskavitch 861106 Request for Hearing.Served on 861210 ML20039E6081981-12-30030 December 1981 Order 10481 Granting Parsons & Whittemore,Inc & Resources Recovery (Dade County),Inc 810624 Petition for Order Requiring Interconnection.Util Required to Interconnect by 811231 ML17209B1171981-05-18018 May 1981 Order That Listed Facts Are W/O Substantial Controversy & Are Deemed Established.Listed Principals of Law Applicable to Proceeding.Plaintiff Request for Order Limiting Discovery Denied W/O Prejudice.Certificate of Svc Encl ML17266A4731981-02-0505 February 1981 Order Granting Motions to Withdraw Previous Motion for Reconsideration & for Release of Exhibits ML17209A4891980-07-0303 July 1980 Order Denying Cities of Gainesville & Tallahassee Motion for Declaratory Order.Parties Have Right to Settle or Compromise Dispute W/O Knowledge of Petitioner.Util 770916 Ltr to Hc Luff & RA Jablon Encl ML20126C4741980-02-14014 February 1980 Order for Dismissal of Intervenors' Motion for Consideration of Class 9 Accidents.Aslab Is Without Authority to Consider Issues.Motion Referred to Director of Nuclear Reactor Regulation for Consideration Under 10CFR2.206 ML20010A7431980-02-0606 February 1980 Erratum Notice to 800206 Order,Adding Omitted Paragraph Consolidating Dockets for Hearing & Decision ML20010A7421980-02-0606 February 1980 Order Denying Util Application for Rehearing of FERC 791221 Order & Util Motion for Extension of Time.Submissions of Svc Agreements Accepted for Filing ML20010A7441979-12-21021 December 1979 Order Granting FERC 780606 Motion to Compel Amend of Transmission Svc Agreements.Util to File Tarriff,As Substitution for 18 Separate Filings,Incorporating Provisions of Transmission Svc Agreements at Issue ML20010A7451979-11-0808 November 1979 Order Terminating Proceeding Instituted by City of Homestead,Fl on 790524.Util No Longer Contests Homestead Right to Svc Under Tariff ML20010A7461979-11-0808 November 1979 Order Terminating Proceeding Initiated by 780124 Order.Util No Longer Contests Fort Pierce Util Authority Right to Svc Under Tariff ML17273A0631979-08-0303 August 1979 Order 8995 Adopting FERC Order 450 Re Location & Preservation of Records ML17207A7771979-01-30030 January 1979 Order Denying Mh Hodder 790122 Petition for Rehearing. Certificate of Svc Encl ML20010A7491978-10-20020 October 1978 Order Approving Gulf States Utils Co 780313 Settlement Agreement ML20010A7471978-06-12012 June 1978 Order to Show Cause Why Commission Should Not Find & Conclude Util Has Violated Existing SR-1 Tariff & Federal Power Act for Refusing to Provide Svc to Fort Pierce,Fl 1988-08-30
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UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION O
Before Commissioners: Charles B. Curtis, Chairman; Don S. Smith, Georgiana Sheldon, Matthew Holden, Jr., and George R. Hall, w
Florida Cities )
- v. ) Docket No. EL78-4 Florida Power & Light )
Company )
ORDER TO SHOW CAUSE
-. (Issued June 12, 1978)
_ _ - - On November 7, 1977, the City of Homestead, th'e Fort Pierce Utilities Authority, the City of Starke and the Utilities Com-mission of New Smyrna Beach (hereinafter collectively referred to as Florida Cities) , all situated within the State of Florida, filed a petition to intervene, inter alia. In their petition, Florida Cities alleged, inter alia, that Florida Power & Light
. Company (hereinafter referred to as FP&L) has violated its existing SR-1 tariff. Florida Cities averred that FP&L con-tinually refused to sell wholesale power service to the Fort Pierce Utilities Authority (hereinafter referred to as FPUA or Fort Pierce) under the SR-1 tariff, despite repeated requasts for such power and notwithstanding the clear commands of FP&L's existing SR-1 tariff.
On December 1, 1977, FP&L answered Florida Cities' petition.
FP&L's answer denied that it has excluded municipalities which
, can qualify from whoh' sale power purchases under the tariff.
In addition, FP&L asst _ ted that the language of the Federal Power Act and the history of the legislative proceeding sur-rounding it indicate that the Act imposes no public utility ser-vice obligation similar to that at common law on companies under its jurisdiction. Rather, FP&L states that the Act recognizes e that a contract between a utility and its whalesale customers provides the basis for service to the customer.
On December 16, 1977, Florida Cities responded to FP L's
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answer of December 1, 1977, asserting, inter alia, that the purpose of a filed tariff is to give notice of the services that a public utility is willing to provide. Thus, Florida Cities argue that FP&L is legally obligated to provide service in accordance with its filed tariff.
DC-A-2 8108120171 810807~
PDR ADDCK 05000389 ~
M PDR
1 Docket No. EL78-4 .
On January 24, 1978, the Commission issued an order in this docket instituting investigation.and designating officers
- which directed the Commission Staff to undertake an inquiry to determine whether the alleged acts or omissions raised by Flor-ida Cities constituted a violation of the filed tariff, the Federal Power Act, or any order, rule or regulation promulgated thereunder. The Commission Staff deposed representatives of y l
FP&L and FPUA in Miami, Florida, during the week of February 2',,
' 1978 and Staff filed its investigation report with the Commis-
! sion on April 7, 1978. 1/ The Commission order instituting in-vestigation delineated certain issues for review and the Staff's findings and conclusions regarding those issues are as follows:
(1) That after August 9, 1977, the FP&L engaged in a refusal to provide service to FPUA pursuant to the filed i SR-1 tariff;
.(2) That the refusal to serve FPUA violates the filed SR-1 tariff and Section 205 of the Federal Power Act; ;
(3) That were it not for FP&L's commencement of service to FPUA under the filed SR-1 tariff (Docket No. ER78-282),
the Staff would have recommended that the Commission order FP&L to immediately commence service to FPUA under the filed SR-1 tariff and that the Commission seek other civil
, remedies such as injunctive relief, inter alia.
L .
Our review indicates that the investigative Staff's findings and conclusions are supported by substantial evidence. Thus, we
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j' are inclined to adopt and affirm the Staff's conclusions in all
, respects. Before undertaking this measure, however, we deem it-l appropriate to permit FP&L and Florida Citi~es an opportunity to 1 respond to those findings and conclusio.ns in writing.
l l The Commission finds:
I '
In light of the foregoing, Florida Power & Light Company is !'.m j
directed, and Florida Cities are permitted to show cause in vri-ting why the Commission should'not. find and determine:
(1) That after August 9, 1977, FP&L engaged in a refu-sal to provide service to FPUA pursuant to the SR-1 tariff;
' 1/
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The Investigative Report was made available to the public on May 24, 1978.
l
_--_______-_-__.______._-__.,,a
. Docket No. EL78-4. -
(2) That the refusal to serve FPUA violates the filed SR-1 tariff and Section 205 of the Federal Power Act.
The Commission orders: ;
1 (A) .Within 30 days from the issue of this order, FP&L l shall respond to the Staff Investigation Report through an an- _
swer as provided in Section 1. 9 (c) of the Commission's Rules of Practice and Procedure, 18 CFR 1.9(c) showing cause, if any-
- here be, why the Commission should not find and conclude that FP&L has violated its existing SR-1 tariff and the Federal power Act for having refused to provide service to Fort Pierce. ,
l (B) Within 30 days from the issue of this order, Florida Cities may respond to the Staff Investigation Report through an answer as provided in Section 1. 9 (c) . of the Commission's Rules of Practice and Procedure, 18 CFR 1.9(c).
(C) The Secretary is hereby ordered to cause prompt pub-lication of this order in the Federal Register.
By the Commission.
( S E A ?, )
Kenneth F. Plumb, Secretary.
e W
e e
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_/
Attachment 6 Florida Cities v. Florida Power & Light Company, FERC Docket No. EL78-1, " Staff Investigation Report", April 7, 1978 9