Letter from David R. Lewis Requesting That the International Brotherhood of Electrical Workers, Local 97's Motion for Hearing and Right to Intervene and Protest, Dated June 6, 2006, Be Dismissed for Lack of Standing| ML061770032 |
| Person / Time |
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| Site: |
Calvert Cliffs, Nine Mile Point, Saint Lucie, Seabrook, Turkey Point, Ginna, Duane Arnold  |
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| Issue date: |
06/16/2006 |
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| From: |
Doris Lewis, Ross M
Florida Power & Light Co, Florida Power & Light Energy Seabrook, Duane Arnold, Pillsbury, Winthrop, Shaw, Pittman, LLP |
|---|
| To: |
Annette Vietti-Cook
NRC/SECY |
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| Byrdsong A T |
| References |
|---|
| 50-220, 50-244, 50-250, 50-251, 50-317, 50-318, 50-331, 50-335, 50-389, 50-410, 50-443, 72-8, RAS 11848 |
| Download: ML061770032 (4) |
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2300 N Street, N.W. Tel 202.663.8000 Washington, D.C. 20037-1128 Fax 202.663.8007 Pillsbury Pillburywww .. wp,,,**~~
oillsbtirylaw corn Winthrop Shaw DAVID R.LEWIS 202-663-8474 Shaw david.lewis@pillsburylaw.com Pittman, DOCKETED June 16, 2006 USNRC June 19, 2006 (7:44am)
Ms. Annette Vietti-Cook, Secretary, OFFICE OF SECRETARY RULEMAKINGS AND U.S. Nuclear Regulatory Commission ADJUDICATIONS STAFF Washington D.C. 20555 Re: Florida Power & Light Co, FPL Energy Seabrook, LLC, and FPL Energy Duane Arnold, LLC, Docket Nos. 50-250 & 50-251, 50-335 & 50-389, 50-443 and 50-331 Constellation Generating Group, LLC; Docket Nos. 50-317 & 50-318, 72-8, 50-220 & 50-410, and 50-244
Dear Ms. Vietti-Cook:
In connection with the proposed merger of FPL Group, Inc. and Constellation Energy Group, Inc, on January 20, 2006, Florida Power & Light Company, FPL Energy LLC, and FPL Energy Duane Arnold LLC (the "FPL Group Companies") filed an "Application for Indirect Transfers of Control," pertaining to the operating licenses for the Turkey Point Nuclear Plant, St Lucie Nuclear Plant, Seabrook Station, and the Duane Arnold Energy Center. On January 23, 2006, in connection with the merger, Constellation Generation Group, LLC ("Constellation")
filed a separate "Request for Threshold Determination or Application for Approval of 10 CFR 50.80 and 10 CFR 72.50 License Transfers" pertaining to the operating licenses for the Calvert Cliffs, Nine Mile Point, and R.E. Ginna Nuclear Generating Stations. On February 20, 2006, the NRC published separate Federal Register notices for each plant permitting hearing requests within 20 days of the notices (i.e., by March 13, 2006). 71 Fed. Reg. 9,168, 9,170, 9,171, 9,172, 9,173, 9,175, 9,176 (2006).
The FPL Group Companies have learned that the International Brotherhood of Electrical Workers, Local 97 ("Local 97") filed a "Motion for Hearing and Right to Intervene and Protest" dated June 6, 2006, with a caption referring to both the FPL Group and Constellation proceedings. However, the discussion in Local 97's motion relates only Constellation's Nine Mile Point Nuclear Station, and the motion was not served on the FPL Group Companies.
Further, Local 97 has no standing to request a hearing on any of the FPL Group Companies' plants. Therefore, the FPL Group Companies believe that the Local 97's motion was not intended and should not be treated as a request for hearing on the FPL Group Companies' application or with respect any of FPL Group Companies' plants.
If the NRC decides to treat Local 97's motion as a request for hearing on the FPL Group Companies' application, the FPL Group Companies submit that the Motion should be summarily dismissed. Again, Local 97 does not have standing and raises no issue pertaining to the transfer 400405268vl 71emtp I te-=~y X16 C~Y-e0- Se 6 Y-0 a-
Ms. Annette Vietti-Cook, Secretary, USNRC June 16 2006 Page 2 of indirect control of any of plants owned by the FPL Group Companies. Further, Local 97's motion is nearly three months late and fails to address any of the criteria in 10 C.F.R. § 2.309(c) and (0(2) required for late filings. Moreover, Local 97's motion contains no contentions as required by 10 C.F.R. 2.309(f). Nor does the general discussion in the motion meet any of the pleading standards for contentions. hideed, the discussion in Local 97's motion relates to a staffing plan at Constellation's Nine Mile Point Nuclear Station that is unrelated to the merger.
Finally, Local 97's motion, which is filed by the principal of a consulting company and is not accompanied by a notice of appearance, does not appear to be filed by a representative permitted by the NRC's Rules of Practice. See 10 C.F.R. § 2.314(b)
For all of these reasons, the FPL Group Companies respectfully submit that Local 97's motion should be dismissed.
Sincerely, David R. Lewis Pillsbury Winthrop Shaw Pittman. LLC Mitchell S. Ross Associate General Counsel Florida Power & Light Company Counsel for Florida Power & Light Company, FPL Energy Seabrook, LLC, and FPL Energy Duane Arnold, LLC
Enclosures:
Notice of Appearance of David Lewis cc: see attached list
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
Florida Power & Light Company ) Docket Nos. 50-250, 50-25 1,
) 50-335 and 50-389 Turkey Point Nuclear Plant Unit 3 )
Turkey Point Nuclear Plant Unit 4 )
St. Lucie Nuclear Plant Unit 1 )
St. Lucie Nuclear Plant Unit 2 )
)
FPL Energy Seabrook, LLC ) Docket No. 50-443
)
Seabrook Station )
)
FPL Energy Duane Arnold, LLC ) Docket No. 50-331
)
Duane Arnold Energy Center )
NOTICE OF APPEARANCE OF DAVID R. LEWIS David R. Lewis, being an attorney at law in good standing admitted to practice before the courts of the District of Columbia, as well as various federal courts, hereby enters his appearance as counsel on behalf of Florida Power & Light Company, FPL Energy Seabrook, LLC, and FPL Energy Duane Arnold, LLC, in any proceeding related to the above-captioned matter.
Respectfully Submitted, David R. Lewis PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, DC 20037-1128 Tel. (202) 663-8474 David.Lewis@Pillsburylaw.com Counsel for Florida Power & Light Company, FPL Energy Seabrook, LLC, and FPL Energy Duane Arnold, LLC Dated: June 15, 2006
Service List The foregoing letter and Notice of Appearance of David R. Lewis as served on the persons listed below by deposit in the U.S. mail, first class, postage prepaid, this 15th day of June, 2006.
Secretary, Susan L. Uttal, Esq.
Att'n Rulemakings and Adjudications Staff Office of the General Counsel Mail Stop 0016 Cl Mail Stop- O-15 D21 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, DC 20555-0001 Email: secy(@nrc. gov; hearingdocket(,nrc.,gov Email: slu@nrc.gov Richard J. Koda, Principal Jay M. Gutierrez, Esq.
KODA CONSULTING, Inc. John E. Matthews, Esq.
Consultant to Local 97, IBEW Morgan, Lewis & Bockius, LLP 409 Main Street 1111 Pennsylvania Avenue Ridgefield, Connecticut 06877-4511 Washington, DC 20004 Email: rjkoda@earthlink.net Email: jgutierrez@morganlewis.com jmatthews@morganlewis.com Carey W. Fleming, Esq. Office of Commission Appellate Adjudication Constellation Generation Group, LLC Mail Stop 0-16 C1 750 E. Pratt Street, 17 th Floor U.S. Nuclear Regulatory Commission Baltimore, MD 21202 Washington, D.C. 20555-0001 Email: carey.fleming@constellation.com David R. Lewis