ML20214Q732

Response Opposing J Paskavitch Request for Hearing Re Spent Fuel Transfer from Unit 1 to Unit 2.Notices of Appearance & Certificate of Svc Encl

ML20214Q732
Person / Time
Site:	Saint Lucie
Issue date:	12/01/1986
From:	Frantz S FLORIDA POWER & LIGHT CO., NEWMAN & HOLTZINGER
To:	Atomic Safety and Licensing Board Panel
References
CON-#486-1741 OLA, NUDOCS 8612050259
Download: ML20214Q732 (7)

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00(.KE T ED U$NPC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

16 DEC -4 A11 :2.7 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD GFFN:

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In the Matter of )

)

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

)

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

) Amendment)

)

LICENSEE'S RESPONSE IN OPPOSITION TO REQUEST FOR HEARING On October 20, 1986, a notice was published in the Federal Register which stated that Florida Power & Light Company (FPL or Licensee) was proposing to amend the operating license for its St. Lucie Plant, Unit 2, to permit the transfer of spent fuel from St. Lucie Unit 1 to Unit 2. (See 51 Fed. Reg. 37242).

This notice also stated that any person whose interests may be affected by this proceeding may file a written petition to intervene by November 19, 1986. In particular, the notice stated:

As required by 10 CFR 2.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors:

(1) The nature of the petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any order which may be entered

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in the proceeding on the petitioner's interest.

The petition should also identify the specific aspect (s)

! of the subject matter of the proceeding as to which i petitioner wishes to intervene.

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(51' Fed. Reg. at 37244). Finally, the notice stated that any petition,to intervene should be sent to the NRC's Office of General Counsel and the attorney for the licensee. (51 Fed.

Reg. at 37245).

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,j Licensee has not received service of,any petition to intervene.

However, on November 21, 1986, Licensee's counsel learned that, on November 10, 1986, the Commission received a letter from John Paskavitch which requested a hearing in this proceeding.

Licensee obtained a copy of this letter from the NRC on November 21, 1986, 1/ and hereby files its response to the request for hearing.

The letter consists of one sentence which states in total: 2/

My request is for a hearing in Florida Power and Light's application to move some spent fuel in the St. Lucie nuclear plant Unit #I to Unit #II.

Contrary to the requirements in the notice of this proceeding and in 10 CFR S 2.714, the le cer does not address whether 1/ Licensee also received a copy of the letter in connection

, with the Notice of Establishment of Atomic Safety and License Board in this proceeding, which was served by mail on November 20, 1986.

2/ The letterhead contains two addresses, one in Brooklyn, Connecticut, and the other in South Venice, Florida.

,, South' Venice is located-on the Gulf Coast of Florida, approximately 120 miles from the St. Lucie Plant.

1-i Mr. Paskavitch's interest may be affected by the results of this proceeding, nor does it address the aspects of the subject matter of the proceeding as to which Mr. Paskavitch wishes to intervene. Accordingly, the request for hearing should be denied.

Respectfully submitted, h M Steven P. Frantz /

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: December 1, 1986 i

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S UNITED STATES OF AMERICA

/ NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

)

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

)

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

) Amendment)

)

NOTICE OF APPEARANCE OF COUNSEL Notice is hereby given that Steven P. Frantz enters an appearance as counsel for Florida Power & Light Company i in the above-captioned proceeding.

Name: Steven P. Frantz Address: Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 Telephone: (202) 955-6600 Admissions: District of Columbia Court of Appeals Name of Party: Florida Power & Light Company Post Office Box 14000 Juno Beach, FL 33408 O

Eeven P. Frantz d-Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 Dated: December 1, 1986 I

i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

)

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

)

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

) Amendment)

)

NOTICE OF APPEARANCE OF COUNSEL Notice is hereby given that Norman A. Coll enters an appearance as counsel for Florida Power & Light Company in the above-captioned proceeding.

Name: Norman A. Coll Address: Steel Hector & Davis 4000 Southeast Financial Center Miami, Florida 33131-2398 Telephone: (305) 577-2683 Admissions: Florida Supreme Court; United States Supreme Court; U.S.

Court of Appeals, lith Circuit and D.C. Circuit; District of Columbia Court of Appeals Name of Party: Florida Power & Light Company Post Office Box 14000 Juno Beach, FL 33408 STEEL. HECTOR & DAVIS 4000 Southeast Financial Center Miami,. Florida 33131-2398 By: W M [F Norman A. Coll Dated: December 1, 1986

4 i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Eyq{f.[.ED BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'86 DEC -4 All :27 0FFici. O a 5 Any

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In the Matter of )

)

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

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

) Amendment)

)

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response in Opposition to Request for Hearing", " Notice of Appearance of Counsel" for Steven P. Frantz, and " Notice of Appearance of Counsel" for Norman A. Coll in the above captioned proceeding were 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 Board 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 Commicsion Washington, D.C. 20555 Office of Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention

Chief, Docketing and Service Section (Original plus two copies)

9 2-6 John Paskavitch

, Rural Route 724'Lehigh Road South Venice,-FL 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 AW W Steven P. Frantz' Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 Dated: December 1, 1986 s

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