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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEAR3F0999-05, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines1999-09-14014 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines L-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 ML17354A8741998-03-27027 March 1998 Comment Opposing Proposed Generic Communication,Lab Testing of nuclear-grade Activated Charcoal (M97978) 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 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 ML20217J4321997-08-0707 August 1997 Memorandum & Order.* Grants Staff Petition for Review & Reverses Presiding Officer Decision Requiring Staff to Issue Tetrick SRO License.Order Disapproved by Commissioner Diaz. W/Certificate of Svc.Served on 970807 ML20148P8461997-06-25025 June 1997 Memorandum & Order (Determination of Remand Question).* Concludes That Presiding Officer Reaffirms Determination That Response of Rl Tetrick to Question 63 of Exam to Be SRO Was Incorrect.W/Certificate of Svc.Served on 970626 ML17354A5521997-06-18018 June 1997 Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems. ML20141F5441997-06-13013 June 1997 NRC Staff Response to Presiding Officer Memorandum & Order (Questions Relevant to Remand).* Staff Submits That Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam Should Be Denied ML20141F5711997-06-13013 June 1997 Supplemental Affidavit of B Hughes & Ta Peebles.* Affidavit Re Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam.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 ML20148G6531997-05-27027 May 1997 Notice.* Forwards Documents Received & Read by Author from Rl Tetrick on 970317 W/O Being Served as Required Under Procedural Rules.W/Certificate of Svc.Served on 970527 ML20148G7071997-05-27027 May 1997 Memorandum & Order (Questions Relevant to Remand).* Rl Tetrick May Respond to Questions W/Filing Served Pursuant to Procedural Regulations W/Notarized Statement to Be Received by 970617.Certificate of Svc Encl.Served on 970527 ML20148G7501997-05-20020 May 1997 Memorandum & Order CLI-97-05.* Staff May Withhold Issuance of SRO License to Rl Tetrick Pending Further Order of Commission.W/Certificate of Svc.Served on 970520 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 ML20141C7331997-05-16016 May 1997 Order Extending Until 970616,time within Which Commission May Rule on NRC Staff 970416 Petition for Review of Presiding Officer Initial Decision.W/Certificate of Svc. Served on 970516 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 ML20138J2331997-05-0202 May 1997 Affidavit.* Affidavit of B Hughes Re Denial of Application for SRO License for Rl Tetrick.W/Certificate of Svc ML20138J2271997-05-0202 May 1997 NRC Staff Response to Questions Posed in Commission Order of 970425.* Staff Respectfully Submits That Commission Should Undertake Review of Presiding Officer Decisions in Proceedings LBP-97-2 & LBP-97-6 ML20138J2241997-05-0202 May 1997 Line (Providing Omitted Citation).* Informs That Submitted Citation Inadvertently Omitted from Response to Questions Posed in Commission Order of 970425.W/Certificate of Svc ML20138J2401997-04-25025 April 1997 Scheduling Order.* Staff Instructed to File W/Commission,By COB 970502,response to Tetrick Argument Re Question 63 & Discussion of Legal Significance of Consistent Staff Practices.W/Certificate of Svc.Served on 970425 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 ML20137X5921997-04-16016 April 1997 NRC Staff Petition for Commission Review of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Undertake Review of Presiding Officer Decisions in Proceeding.W/Certificate of Svc ML20137X5511997-04-11011 April 1997 NRC Request for Issuance of Order Staying Effectiveness of Presiding Officer Decisions in Proceeding (LBP-97-2 & LBP-97-6).* Commission Should Stay Effectiveness of Decision in Subj Proceeding.W/Certificate of Svc ML20137R3531997-03-27027 March 1997 Correct Copy of Memorandum & Order (Denial of Reconsideration,Stay).* Denies NRC Staff Motion for Reconsideration.W/Certificate of Svc.Served on 970327 ML20137F5551997-03-25025 March 1997 NRC Staff Response to Memorandum & Order of 970321.* Presiding Officer Should Grant Staff 970310 Motion for Reconsideration.W/Certificate of Svc ML20137F8251997-03-21021 March 1997 Memorandum & Order (Grant of Housekeeping Stay).* Orders That Effect of Initial Decision Postponed Until Close of Business on 970326.W/Certificate of Svc.Served on 970321 ML20137F5081997-03-17017 March 1997 NRC Staff Motion for Issuance of Stay.* Requests That Presiding Officer Deny NRC Staff Request for Issuance of Stay in Matter of Issuance of SRO License ML20137F5371997-03-17017 March 1997 NRC Staff Motion for Reconsideration in Matter of Rl Tetrick.* Requests That Presiding Officer Deny NRC Staff Request for Reconsideration ML20136F2981997-03-12012 March 1997 Memorandum & Order (Grant of Housekeeping Stay).* Informs That Initial Decision Issued by Presiding Officer on 970228 Postponed Until 970321 & Rl Tetrick May File Response by 970318.W/Certificate of Svc.Served on 970312 ML20136F2351997-03-10010 March 1997 NRC Staff Motion for Reconsideration Introduction.* Requests That Presiding Officer Reconsider Determination That Tetrick Passed Written Exam & Find,Instead,That Tetrick Failed Written Exam ML20136F3411997-03-10010 March 1997 NRC Staff Request for Issuance of Order Staying Effectiveness of Presiding Officers Initial Decision LBP-97-2.* Staff Submits That Presiding Officer Should Stay Effectiveness of Initial Decision.W/Certificate of Svc ML20136F2721997-03-0606 March 1997 Supplemental Affidavit of B Hughes.* Supports Staff Motion for Reconsideration of Presiding Officer Initial Decision of 970228.W/Certificate of Svc ML20138Q0191997-02-28028 February 1997 Initial Decision.* Concludes That Rl Tetrick Had Passing Score of 80% & Should Be Granted License as Sro. W/Certificate of Svc.Served on 970228 ML20134A6551997-01-23023 January 1997 Written Presentation of NRC Staff.* Staff Concludes That SE Turk Failed Written Exam & Did Not Establish Sufficient Cause to Change Grading of Answers to Listed Questions. Denial of Application for SRO License Should Be Sustained ML20134A6661997-01-23023 January 1997 Affidavit of B Hughes & Ta Peebles Re Denial of Application for SRO License.W/Certificate of Svc.Served on 970124 ML20129J5681996-10-23023 October 1996 Memorandum & Order (Error).* Informs of Incorrect Caption Identified in Order .W/Certificate of Svc.Served on 961023 ML20129D4981996-10-21021 October 1996 Memorandum & Order (Grant of Request for Hearing Scheduling).* Requests for Hearing Hereby Granted. W/Certificate of Svc.Served on 961021 ML20129D6681996-10-18018 October 1996 NRC Staff Answer to Rl Tetrick Request for Hearing.* Staff Does Not Oppose Request & Will Be Prepared to Submit Hearing File.W/Certificate of Svc & Notice of Appearance ML20129D4401996-10-0909 October 1996 Designating of Presiding Officer.* Pb Bloch Designated to Serve as Presiding Officer to Conduct Informal Adjudicatory Hearing in Proceeding of Rl Tetrick Re Denial of SRO License.W/Certificate of Svc.Served on 961010 ML17353A6311996-01-19019 January 1996 Decision & Remand Order Re FPL Discrimination Against RR Diaz-Robainas.FPL Ordered to Offer Reinstatement to RR Diaz-Robainas W/Comparable Pay & Benefits,To Pay Him Back Pay W/Interest & to Pay His Costs & Expenses Re Complaint ML17353A2471995-06-27027 June 1995 Comments on Proposed Rule Re, Review of NRC Insp Rept Content,Format & Style. 1999-09-07
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20148P8461997-06-25025 June 1997 Memorandum & Order (Determination of Remand Question).* Concludes That Presiding Officer Reaffirms Determination That Response of Rl Tetrick to Question 63 of Exam to Be SRO Was Incorrect.W/Certificate of Svc.Served on 970626 ML20148G6531997-05-27027 May 1997 Notice.* Forwards Documents Received & Read by Author from Rl Tetrick on 970317 W/O Being Served as Required Under Procedural Rules.W/Certificate of Svc.Served on 970527 ML20138J2241997-05-0202 May 1997 Line (Providing Omitted Citation).* Informs That Submitted Citation Inadvertently Omitted from Response to Questions Posed in Commission Order of 970425.W/Certificate of Svc ML20134A6551997-01-23023 January 1997 Written Presentation of NRC Staff.* Staff Concludes That SE Turk Failed Written Exam & Did Not Establish Sufficient Cause to Change Grading of Answers to Listed Questions. Denial of Application for SRO License Should Be Sustained ML20129D4401996-10-0909 October 1996 Designating of Presiding Officer.* Pb Bloch Designated to Serve as Presiding Officer to Conduct Informal Adjudicatory Hearing in Proceeding of Rl Tetrick Re Denial of SRO License.W/Certificate of Svc.Served on 961010 ML20024F8621990-12-0101 December 1990 Notice of Address Change for Nuclear Energy Accountability Project.All Pleadings Should Be Forwarded to Listed Address. W/Svc List ML20062H6861990-11-30030 November 1990 Establishment of ASLB to Preside in Proceeding.* W/ Certificate of Svc.Served on 901130.Re-served on 901203 ML20062H6731990-11-26026 November 1990 Notice of Address Change.* ML20056A4061990-08-0101 August 1990 Notice of Assignment of TS Moore,Ha Wilber & GP Bollwerk to Serve on Aslab for License Amend Proceeding.Served on 900801.* W/Certificate of Svc ML20055D8421990-06-26026 June 1990 Notice of Postponement of Oral Argument.* Oral Argument on Consolidated Appeals of Tj Saporito,J Lorion & Ctr for Nuclear Responsibility Scheduled for 900710,postponed Until Further Order.Served on 900626.W/Certificate of Svc ML20055D8211990-06-22022 June 1990 Notice of Appearance of Counsel.* Ma Bauser Will Enter as Counsel for Util in Proceeding Re Tech Spec Replacement.W/ Certificate of Svc ML20055D8701990-06-20020 June 1990 Notice of Appearance.* Bp Garde Will Enter Appearance in Proceeding Re Facilities.Address Listed.W/Certificate of Svc ML20042D8541990-04-0101 April 1990 Notice of Withdrawal from Proceeding.* Advises That Author Withdrawing from Proceeding Due to Applicant Counsel Adversely Affecting Author Employment & Employment Opportunities by Contacting Employer.W/Certificate of Svc ML20011F0811990-02-22022 February 1990 Notice of Address Change.* Requests That All Future Correspondence to Nuclear Energy Accountability Project Be Mailed to Stated New Address.W/Certificate of Svc ML20006C5161990-01-0707 January 1990 Statement for Permission to Represent.* Advises That Author Voluntarily Given Nuclear Energy Accountability Project & Tj Saporito Permission to Represent Interests in Proceeding ML20006C5081990-01-0303 January 1990 Statement for Permission to Represent.* Advises That Author Voluntarily Given Nuclear Energy Accountability Project & Tj Saporito Permission to Represent Interests in Proceeding ML19332D9341989-11-27027 November 1989 Petitioners Response to NRC Staff Response to Petition for Leave to Intervene of Tj Saporito & Nuclear Energy Accountability Project.* Further Response Will Not Be Forwarded Unless Directed by Board.W/Certificate of Svc ML19332F9561989-11-27027 November 1989 Statement for Permission to Represent.* Advises That Author Gives Permission to Nuclear Energy Accountability Project & Tj Saporito to Represent Interests in Proceeding ML19332E0341989-11-20020 November 1989 Statement for Permission to Represent.* Advises That Author Voluntarily Given Permission to Nuclear Energy Accountability Project & Tj Saporito to Represent Author Interests in Case.W/Certificate of Svc.Served on 891128 ML19332E0121989-11-17017 November 1989 Statement for Permission to Represent.* Advises That Author Has Voluntarily Given Permission to Nuclear Energy Accountability Project & Tj Saporito to Represent Author Interests in Case Before Board.Served on 891128 ML19325E0131989-10-19019 October 1989 Intervenors Statement of Matl Facts as to Which Genuine Issue to Be Heard W/Respect to Intervenors Contention 2.* ML20248J1321989-10-0303 October 1989 Memorandum.* Advises That Board Examined Nuclear Energy Accountability Project Request as Limited Appearance Statement & Found Nothing in Statement to Warrant Action.W/ Certificate of Svc.Served on 891004 ML20247F2081989-09-11011 September 1989 Licensee Statement of Matl Facts as to Which No Genuine Issue to Be Heard W/Respect to Intervenors Contentions.* Provides Facts Re Contentions 2 & 3 ML20196F7131988-11-30030 November 1988 Establishment of ASLB to Preside in Proceeding.* Board Established in Stated Proceeding to Rule on Petitions for Leave to Intervene &/Or Requests for Hearing & to Preside Over Proceeding.Served on 881205 ML20235T6471987-10-0707 October 1987 Notice of Aslab Reconstitution.As Rosenthal,Chairman & WR Johnson & Ha Wilber,Members.Served on 871008 ML20238E4761987-09-0202 September 1987 Notice of Appearance.* Notice Given That Undersigned Atty Will Appear in Facility Proceeding Re Spent Fuel Pool Expansion.Certificate of Svc Encl ML20237K0681987-07-22022 July 1987 Notice of Appearance as co-counsel for Florida Power & Light Co.* Requests That All Parties Add Undersigned Firm to Respective Svc Lists & Provide Firm W/Copies of All Papers Hereinafter Served ML20209E7851987-04-23023 April 1987 Notice of Appearance.* Author Will Appear as Party in Proceeding Re Spent Fuel Pool Expansion.Certificate of Svc Encl ML20203L7261986-08-27027 August 1986 Notice of Aslab Constitution.Cn Kohl,Chairman & Rl Gotchy & Ha Wilber,Members.Served on 860828 ML20206M8081986-08-18018 August 1986 Notice of Aslab Constitution.Gj Edles,Chairman & Rl Gotchy & Ha Wilber,Members.Served on 860819 ML20205K4981986-02-25025 February 1986 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20137W8561986-02-18018 February 1986 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20136D7031985-11-18018 November 1985 Memorandum Setting Forth Reasons for Ruling Denying Util 850920 Motion for Summary Disposition of Joint Intervenors Contention (D) & Identifying Concerns to Be Addressed During Evidentiary Hearing.Served on 851119 ML20115J5201985-04-18018 April 1985 Comments on 850326 Novel Prehearing Procedure Implemented by Aslb.Intervenors Will Not Further Dignify Procedure by Submitting Rebuttal or Other Testimony to Procedure. Certificate of Svc Encl ML20097F2291984-09-17017 September 1984 Notice of Change of Address & Telephone Number as Listed. Certificate of Svc Encl.Related Correspondence ML20097F4291984-09-17017 September 1984 Notice of Change of Address & Telephone Number as Listed. Certificate of Svc Encl.Related Correspondence ML20097B9721984-09-12012 September 1984 Notice of Change of Address & Telephone Number.Certificate of Svc Encl.Related Correspondence ML20095A1001984-08-16016 August 1984 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20094S6541984-08-16016 August 1984 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20094J2811984-08-10010 August 1984 Memorandum of Law in Support of Motions for Summary Disposition of Intervenor Contentions (B) & (D). Certificate of Svc Encl.Related Correspondence ML20094E9651984-08-0707 August 1984 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20094E8731984-08-0707 August 1984 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20086U0301984-03-0303 March 1984 Brief on Conflict Posed by Legal Requirement of Timeliness & Equitable Considerations.Aslb Should Issue Ruling Allowing Petitioners Contentions That Address New Fuel Core Design, Changes in Tech Specs & Reduction in Safety Margins ML20082J0881983-11-28028 November 1983 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20081K8401983-11-0404 November 1983 Comments on Issuance of Amends Re Higher Fuel Temp.Full Review by ASLB & Commission Prior to Issuance Requested ML17341A2831981-06-27027 June 1981 Exceptions to 810619 Final Order Permitting Facility Steam Generator Repair.Certificate of Svc Encl ML17341A2001981-06-0505 June 1981 Notice of Appeal of ASLB 810518 Memorandum & Order ML17341A2091981-06-0404 June 1981 Notice of Util Employee 810611 Depositions in Miami,Fl Re Onsite Storage of Low Level Solid Waste.Certificate of Svc Encl.Related Correspondence ML17340B2791981-05-19019 May 1981 Statement That Genuine Issue of Matl Fact Exists Concerning Whether Fes Adequately Addresses Derating,Conservation & Solar Alternatives & Whether Repairs Will Result in Radioactive Releases.Certificate of Svc Encl ML17340B2461981-05-15015 May 1981 Notice of Filing of Prefiled Testimony of G Edwards on 810515.Certificate of Svc Encl.Related Correspondence 1997-06-25
[Table view] |
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, . _ _ .
i REl.ATED C0rESPONDENCE ED Sf5k'c UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ag4 E 0 1 3 p;; gg BEFORE THE ATOMIC SAFETY AND LICENSING BOAR ((f CE r ERAncpf"U
)
In the Matter of )
)
FLORIDA POWER & LIGHT COMPANY ) Docket Nos. 50-250 OLA-1
) 50-251 OLA-1
)
(Turkey Point Plant, ) ASLBP No. 84-496-03 LA Units 3 and 4) )
)
LICENSEE'S MEMORANDUM OF LAW IN SUPPORT OF MOTIONS FOR
SUMMARY
DISPOSITION OF INTERVENORS' CONTENTIONS (b) and (d)
I. Background Following a prehearing conference on February 28, 1984, the Licensing Board in this proceeding issued a Prehearing Conference Order (May 16, 1984) . The Order, inter alia, admitted petitioners Center for Nuclear Responsibility, Inc. , and Joette Lorion as Intervenors in this proceeding and accepted the petitioners' contentions (b) and (d).
Licensee Florida Power & Light Company (Licensee or FPL) is today filing two motions, pursuant to 10 C.F.R.
s 8408140277 840810 PDR ADOCK 05000250 0 PDR
i S 2.749, requesting summary disposition of those contentions (b) and (d). 1 Each motion is accompanied by Licensee's
" Statement of-Material Facts as to Which There Is No Genuine Issue To Be Heard" with respect to the pertinent contention.
This Memorandum of Law addresses the applicable standards under NRC authorities for determining whether to grant motions for summary disposition.
II. Summary Disposition Under NRC Regulations Admission of an intervenor's contention in an NRC proceeding carries no connotation regarding its merit--or lack thereof. If a contention meets the requirements of 10 C.F.R. S 2.714 as interpreted in NRC case law, it is admitted.
A ruling that a contention is admissible determines only that a contention is relevant to the proceeding, is stated with specificity, and has an identified basis. The intervenor is given the opportunity to prove the truth of the assertions supporting his or her admitted contention although not neces-sarily in an evidentiary hearing. Houston Lighting and Power Co.
1 Section 2.749 of the NRC's regulations states that motions for summary disposition are to be filed "within such time as may be fixed by the presiding officer."
However, as is clear from the Statement of Considerations accompanying promulgation of the regulation, the Commis-sion intends to permit such motions to be filed "at any time," subject to the Board's authorits to set time limits " tailored to fit the circumstances" of the particular case and to " dismiss summarily" motions filed shortly before or during the hearing if responding would require diversion of substantial resources by the Board or other parties. 46 Fed. Reg. 30,328, 30,330 (1981).
s (Allens Creek Nuclear Generating Station) , ALAB-590, 11 NRC 542, 549-50 .(1980).
After contentions have been admitted, any party may request that the. licensing board decide "all or any part of the matters involved in the proceeding" in the party's favor. 10 C.F.R. S 2.749(a) (1984). Such a motion must be accompanied by "a separate, short and concise statement of the material facts as to which . . . there is no genuine issue to be heard." Id. Any other party may support or oppose the motion. If it opposes the motion, a party must file its own statement of the material facts as to which it contends there is a genuine issue to be heard. Material facts are deemed to be admitted unless controverted by the opposing party. Id.
Not only do NRC regulations permit motions for summary disposition, the Commission has in fact exhorted licensing boards to encourage the parties to invoke the summary disposition procedure on issues where there is no genuine issue of material fact so that evi-dentiary hearing time is not unneces-sarily devoted to such issues.
Statement of Policy on Conduct of Licensing Proceedings, 13 NRC 452, 457 (1981). -The Appeal Board has also endorsed the use of summary disposition as "an efficacious means of avoiding unnecessary and possibly time-consuming hearings on
demonstrably unsubstantial issues." Houston Lighting and
~ Power Co. (Allens Creek Nuclear Generating Station), ALAB-590, 11 NRC 542, 550 (1980); Gulf States Utilities Co.
(River Bend Station), ALAB-183, 7 AEC 222, 228 (1974).
III. Applicable Legal Standard The regulation states:
The presiding officer shall render the decision sought if the filings in the proceeding, depositions, answers to interrogatories, and admis-sions on file, together with the state-ments of the parties and the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a decision as a matter of law.
10 C.F.R. S 2.749(d) (1984). Section 2.749 and the standard--
"no genuine issue as to any material fact"--are similar to the standard under Rule 56 of the Federal Rules of Civil Procedure. Tennessee Valley Authority (Hartsville Nuclear Plant), ALAB-554, 10 NRC 15, 20 n.17 (1979) (relying upon Wright and Miller, Federal Practice and Procedure (1973),
Vol. 10, p. 377 and cases cited therein); Cleveland Electric Illuminating Co. et al. (Perry Nuclear Power Plant), ALAB-443, 6 NRC 741, 753-54 (1977).
If a party opposes the requested summary disposition, he must answer, setting forth " specific facts showing that there is a genuine issue of fact." 10 C.F.R. S 2.749(b)
(1984). It will not be sufficient to rest upon mere alle-gations or denials. Id. ; Houston Lighting and Power Co.
f
O ,
(Allens Creek Nuclear Generating Station), ALAB-629, 13 NRC 75 (1981); Duke Power Co. et al. (Catawba Nuclear Station) ,
LBP-83-56, 18 NRC 421, 430 (1983). "The opposing party's facts must be material, substantial, not fanciful, or merely suspicious. " Gulf States Utilities Co. (River Bend Station),
LBP-75-10, 1 NRC 246, 248 (1975) (footnotes omitted).
We submit that Licensee's motions and supporting statements filed today discharge Licensee's burden of proof and establish that there are no genuine issues of material fact to be tried and decided in connection with Intervenors' Contentions (b) and (d). In our view, because of the nature of the contentions and matters involved, Intervenors will be unable to discharge their responsibility to " set forth specific facts showing that there is a genuine issue of fact." 10 C.F.R. S 2.749(b); Virginia Electric and Power Co.
(North Anna Nuclear Power Station), ALAB-584, 11 NRC 451, 453 (1980).
Intervenors cannot be permitted to drag the Board and parties to a pointless trial "on the vague supposition that something may turn up." Gulf States Utilities Co. (River Bend Station), LBP-75-10, 1 NRC 246, 248 (1975). When viewed in light of the record, there will be no doubt but that contentions (b) and (d) are "' demonstrably unsubstantial issues' that should be decided pursuant to summary disposi-tion procedures in order to avoid unnecessary and possibly time-consuming hearings." Louisiana Power & Light Co.
(Waterford Steam Electric Station), LBP-81-48, 14
O 6
NRC 877, 883 (1981), citing Houston Lighting and Power Co.
(Allens Creek Nuclear Generating Station), ALAB-590, 11 NRC 542, 550 (1980). It will remain only for the Board to apply the relevant legal principles and grant each motion in its entirety.'
IV. Conclusion Based on the foregoing, and the accompanying Motions for Summary Disposition and Statements of Material Facts as to Which There Is No Genuine Issue To Be Heard, FPL res-pectfully submits that the Board should summarily dispose of Inte rvenors ' Contentions (b) and (d), and issue a decision in Licensees' favor.
Respectfully submitted, 24^:%
Harold F. Reis Michael A. Bauser Steven P. Frantz Of Counsel:
Newman & Holtzinger, P.C.
Norman A. Coll 1025 Connecticut Avenue, N.W.
Steel, Hector & Davis Washington, D.C. 20036 4000 Southeast Financial (202) 863-8400 Center Miami, FL 33131-2398 (305) 557-2800 DateU: August 10, 1984 2
We note that NRC regulations permit the Board to grant summary disposition "as to all or any part of the matters involved in the proceeding." 10 C.F.R.
S 2.749 (a) (1984). If the Board identifies some issues within a contention which must be tried, we request that the Board grant summary disposition as to the other issues.
I C
- axcuca
. acusD C- +
t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DCLHETED BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
'84 ASO 13 All:49 1
)
In the Matter of ) Docket [Nh.[54QS OLA-1
) sp){-is$ 'OLA-1 FLORIDA POWER AND LIGHT COMPANY )
) ASLBP No. 84-496-03 LA 5
(Turkey Point Nuclear Generating )
Units 3 & 4) )
)
CERTIFICATE OF SERVICE i
4 I I hereby certify that copies of (1) Licensee's Motion l for Summary Disposition of Intervenors' Contention (b);
(2) Licensee's Statement of Material Facts as to which There
, Is No Genuine Issue To Be Heard with respect to Intervenors' Contention (b); (3) Licensee's Motion for Summary Disposition 4 of Intervenors' Contention (d); (4) Licensee's Statement of
- Material Facts as to which There Is No Genuine issue To Be
{ Heard with respect to Intervenors' contention (d); and (5)
- Licensee's Memorandum of Law in Support of Motions for
- Summary Disposition of Intervenors' contentions (b) and (d),
i all dated August 10, 1984, were served on the following by deposit in the United States mail, first class, postage pre-paid and properly addressed, on the date shown below.
Dr. Robert M. Lazo, Chairman
- Atomic Safety and Licensing Board Panel i U.S. Nuclear Regulatory Commission
, Washington, D.C. 20555 i Dr. Emmeth A. Leubke Atomic Safety and Licensing Board Panel l
< U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i
Dr. Richard F. Co?e Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 4.
,_____,_,-_..--.,m, . .., - ,, _ ,,,__ - . - - _ , . _ . - . _ - , - - - - - . . , _ - - - - . . , _ . _
t Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Chief, Docketing and Service Section (originals plus two copies)
Colleen P. Woodhead, Esq.
U.S. Nuclear Regulatory Commission Office of the Executive Legal Director Washington, D.C. 20555 Mitzi A. Young, Esq.
Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Norman a. Coll, Esq.
Steel, Hector & Davis 4000 Southeast Financial Center Miami, FL 33131-2398 Martin H. Hodder, Esq.
1131 N.E. 86th Street Miami, FL 33138 Dated this 10th day of August 1984.
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Michael A. Bauser Newman & Holtzinger, P.C.
1025 Connecticut Avenue, N.W.
Washington, D.C. 20036 Telephone: (202) 862-8400 b
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