ML20207N669

Licensee Response to Supplemental Request for Hearing.* Responds to J Pakavitch 861106 Request for Hearing.Request Deficient as Petition to Intervene & Should Be Denied. Certificate of Svc Encl

ML20207N669
Person / Time
Site:	Saint Lucie
Issue date:	01/09/1987
From:	Frantz S FLORIDA POWER & LIGHT CO., NEWMAN & HOLTZINGER
To:	Atomic Safety and Licensing Board Panel
References
CON-#187-2184 OLA, NUDOCS 8701140346
Download: ML20207N669 (5)

Text

s

] {dY hb M

DOLMETED

'JMR C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Cf f :a I

00CnE!! - R Zi im Mk

)

ltn the Matter of )

)

FLORIDA POWER & LIGHT COMPANY, ) Docket No.-50-389-OLA

_E_T_ A L . )

(St. Lucie Plant, Unit No. 2) ) (Spent Fuel Transfer

) Amendment)

)

LICENSEE'S RESPONSE TO SUPPLEMENTAL REQUEST FOR HEARING On November 6, 1986, John Paskavitch submitted a one sentence letter which requested a hearing in the above captioned proceeding. Florida Power & Light Company (Licensee) and the NRC Staff filed responses in opposition to this request on December 1, 1986, and December 8, 1986, respectively.

These responses noted that the request did not satisfy the requirements provided in 10 CFR S 2.714 and the notice of this proceeding (51 Fed. Reg. 37242), because the request did not identify any interest of Mr. Paskavitch which may be affected by this proceeding and did not identify the specific aspects of the subject matter of the proceeding as to which he wished to intervene.

In a Memorandum and Order dated December 9, 1986, the Licensing Board ruled that the request for hearing was " patently

deficient" since it did not comply with the instructions 0701140346 870109 PDR ADOCK 05000389

O PDR ex h SO

r f

in the notice and Section 2.714. Nevertheless, the Board permitted Mr. Paskavitch to file an amended request by December 24, 1986, which sets "forth with particularity his interest in the proceeding, how that interest may be affected by the results of the proceeding, and the specific aspect (s) of the proceeding as to which he wishes to intervene." Memorandum and Order (December 9, 1986), p. 2 (emphasis in original).

The Board stated that, "[albsent a satisfactory amended petition, Mr. Paskavitch's hearing request will be dismissed."

Id. 1/ The Board also allowed the Licensee and the NRC Staff to file responses to any amended petition by January 9, 1987, and January 14, 1987, respectively.

Mr. Paskavitch has not submitted any amended petition to intervene, with the exception of " Petitioner's Reasons for a Request for Hearing," dated December 10, 1986. 2/

This document consists of only eight questions regarding the 1/ The Memorandum and Order also requested that the Licensee provide each member of the Board with copies of the license amendment application dated July 2, 1986, together with any updated supplements. Copies of the application are enclosed for each of the Board members. There are no supplements to this application. Additionally, the Memorandum and Order included an attached statement by Judge Linenberger which stated that he had contacts with Florida Power & Light Company prior to joining the Licensing Board Panel in 1972. Judge Linenberger stated that any party who opposes his continued participation in this proceeding should file an objection. Licensee has no objection to the continued participation of Judge Linenberger.

2/ On December 2, 1986, Eric Buetens submitted a letter to the Commission which stated that he "would like to support" the request for hearing by Mr. Paskavitch.

This letter obviously does not constitute a petition to intervene. Consequently, the Licensee will not be filing a formal response to the letter from Mr. Buetens.

r-St. Lucie spent fuel transfer and does not identify any interest of Mr. Paskavitch which may be affected by this proceeding. As a result, this document is also patently deficient as a petition to intervene. Consequently, Mr. Paskavitch's request for hearing should be dismissed for failure to satisfy the requirements in 10 CFR S 2.714, the. notice of this proceeding, and the Board's Memorandum and Order.

Respectfully submitted,

/ M #

Steven P. Fran'zt Co-Counsel Norman A. Coll Newman & Holtzinger, P.C.

Steel Hector & Davis 1615 L Street, N.W.

4000 Southeast Financial Washington, D.C. 20036 Center (202) 955-6600 Miami, FL 33131-2398 (305) 577-2800 Dated: January 9, 1987 I

r N

'l 00' XE Ti ^

UNITED STATES OF AMERICA %i NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 87 JAN 13 A10:58 CFr a r DOCS ..... , ,r r V :, '

)

In the Matter of )

)

FLORIDA POWER & LIGHT COMPANY, ) Docket No. 50-389-OLA

_E_T AL. )

(St. Lucie Plant, Unit No. 2) ) (Spent Fuel Transfer

) Amendment)

)

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response To Supplemental Request For Hearing" have been served on the following by deposit in the United States mail, first class, properly stamped and addressed, on the date shown below.

Charles Bechhoefer, Chairman Atomic Safety and Licensing Bond Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Gustave A. Linenberger Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Richard F. Cole Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Chief, Docketing und Service Section (Original plus two copies)

yl John Paskavitch

-Rural Route 724 Lehigh Road South Venice,EFL 33595 Henry J. McGurren, Esquire Office of the General Counsel U.S. Nuclear-Regulatory Commission-Washington, D.C. 20555 Norman A. Coll, Esquire Steel, Hector & Davis-4000 Southeast Financial Center Miami, FL 33131-2398 84 M Steven P. Frantz d Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 Dated: January 9, 1987