ML17338A859
| ML17338A859 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 06/25/1979 |
| From: | Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7907190457 | |
| Download: ML17338A859 (10) | |
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.UNITED.STATES OF AMERICA NUCL'EAR REGULATORY COMMISSION 6/25/79 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
'In the Matter of FLORIDA POWER AND LIGHT 'COMPANY (Turkey, Point Nuclear Generating Unit 'Nos.
3 and 4)',.
)
Docket Nos.
50-250 50-251'Proposed Amendments to Facility
)
Operating Licenses to Permit
)
Steam Generator Repair)
NRC STAFF
RESPONSE
TO SUPPLEMENTAL SUBMISSION OF PETITIONER MARK P.
ONCAVAGE On June 5, 1979, peti'tioner Mark P.
Oncavage filed a supplemental submission in the above-captioned proceeding through new counsel.
This, submission provided
'further information relative.to consideration of one of the 'factors which must be evaluated with respect 'to untimely intervention petitions, namely "/t/he extent to which the.petitioner.'s participation may. reasonably be. expected to assist in developing a sound. record."
10 CFR 52.714(a)(l)(i.ii).
Based on the representations contained therein regarding the ability 'to offer expert testimony through two.apparently qualified witnesses on matters generally falling within, the scope of several contentions advanced by.Petitioner, in: this proceeding,
.the; Sta'ff believes that 'Petitioner could reasonably be expected to contribute to the gl development of a sound record in this proceeding..
While'he expert qualifications of the named witnesses to testify on specific contentions in this proceeding must necessarily await the formal admission of contentions,.-discovery and other pre-hearing procedures,,
the Staff:believes that'onsideration of this factor weighs in
,1/ The Staff is concerned with the noted unavailability of.one of the named witnesses this summer and believes that should the interventio'n petition be granted such. restriction has the potential
.to adversely impact the proceeding.
The Staff would expect that, if granted intervention', Petitioner would be
.prepared to proceed-on.al.l. phases of,preparation in a timely and orderly manner.-
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favor of Petitioners.
On balance
- then, given consideration of'he remaining 2/
factors and the broader public interest exhibited in this matter, Petitioner has set forth adequate justification for his untimeliness under the pertinent requirements of 10 CFR 52.714.
The Staff does not endorse Petitioner's legal argument on matters beyond con-sideration of 10 CFR 52.714(a)(l)(iii.) and rests on its prior pleadings in this proceeding as appropriate.
The'Staff also objects to the attempt to seek the
'ntroduction of additional contentions in Petitioner.'s supplemental submission
=without the requisite showing for untimely filings under 10.CFR S2.714.
Given Petitioner's tardy. advancement of new contentions for the first time at the special prehearing conference held in this proceeding on May 2, 1979, this latest attempt simply goes too far.
The'.Commission's rules of practice and procedure would be rendered meaningless were participants in a proceeding able to blithely ignore filing and related procedural requirements.
Petitioner already has been given more than ample opportunity to frame his contentions.
The 'Staff has already concluded, in its April 6, 1979 response to Petitioner's revised intervention petition, that Petitioner has presented a satisfactory showing of interest in the proceeding under 10 CFR'2.714(a).
The. Staff further believes that at least one of Petitioner's contentions, namely, contention 2,
2/ See "NRC Staff Response to Revised Petition for Leave.to Intervene filed by Mark P. 'Oncavage",
dated April 6, 1979.
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which asserts that an environmental impact statement should issue in connection with the proposed
- action, forms the basis for an acceptable contention so as to minimally satisfy the contention requirement of 10 CFR 52.714(b),.
The Staff urges the Board to reach a prompt decision on whether or,not to grant the intervention petition.
Should intervention be granted, the Staff recormends that the Board provide the parties a limited, but reasonable, per'iod of time within which to either attempt to reach some form of multi-party agreement on the admissibility of the contentions and/or to file statements'f position thereon.
The Staff believes that this course of action would further the orderly progress of this proceeding and prevent unnecessary delay.
CONCLUSION On the basis of the above, the Staff supports the intervention petition of Mark P. Oncavage, as revised and supplemented.
Respectfully submitted,
~ c.C~
Steven C. Goldberg Counsel for NRC Staff Dated at Bethesda, Maryland this 25th day of June, 1979.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE 'fHE ATOMIC SAFETY AND 'L'ICENSING BOARD In the Matter cf FLORIDA POWER AND LIGHT, COMPANY (Turkey Point Nuclear Generating Unit Nos.
3 and 4)
Docket Nos.
50-250 50-251 (Proposed Amendments to Facility Operating Licenses to Permit Steam Generator Repair)
CERTIFICATE OF SERYICE I hereby certify that copies of "NRC STAFF
RESPONSE
TO SUPPLEMENTAL SUBMISSION OF PETITIONER HARK P.
ONCAVAGE", in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission s internal mail system, this 25th day of June, 1979:
- Elizabeth S; Bowers, Esq.,
Chairman Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. David B. Hall 400 Circle Drive Santa Fe, New Mexico 87501
- Dr. Oscar H. Paris Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Mark P.
Oncavage 12200 S.
W. 110th Avenue Miami, Florida 33176 Harold F. Reis, Esq.
. Lowenstein, Neiman,.Reis, Axelrad E Toll 1025 Connecticut
- Avenue, N.W.
Washington, D.C..
20036
+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
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission
-'Washington, D.C.
20555 Norman A. Coll, Esq.
- Steel, Hector E Davis Southeast First National Bank Building Miami, Florida 33131
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Martin.H. Hodder, 'Esq.,
1131 N.E. 86th Street Miami, 'Florida 33138 Bruce S.
- Rogovs, Esq.
- Dean, Nova Law School 3301 College Avenue Ft. Lauderdale, Florida 33314 wl,~
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Counsel for NRC Staff
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