ML17209B034
| ML17209B034 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 05/07/1981 |
| From: | Jablon R FLORIDA CITIES (FLORIDA MUNICIPAL UTILITIES ASSOCIATE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8105110219 | |
| Download: ML17209B034 (6) | |
Text
~
el~ >>
UNITED S ATES NUCLEAR REGULATORY COMMISSION DOCK@'ED rJSNpc MAY 71SSf BEFORE THE ATOMIC SAFETY AND LICENSING BOA Office of the Secretery Docketinff 6 Service
~raeh
~ /
v Docket No. 50-3 In the Matter of
)
)
Florida Power
& Light Company
)
)
(St. Lucie Nuclear Plant, Unit No.
2)
)
~c
RESPONSE
BY FLORIDA CITIES 8
TO NRC STAFF ANSWER
<o~'
4A~~
On April 7, 1981, Florida Cities filed a "P t son to Intervene and Request for Consolidation";
responsive to e
I Commission's Federal Receister Notice with regard to the St. Lucie Unit Ogerating License, issued Narch 9, 1981 (46 Fed.
~Re 15831-2).
This Petition sought an antitrust review in connection with the operating license.
However, Florida Cities recognized (p.
- 2) that the issues overlap those in the construction permit antitrust proceedings in Docket No. 50-389A.
They therefore requested consolidation.
Florida Cities believe that it is in the interest of all parties to avoid two antitrust proceedings before separate licensing boards relating to the same license.
Staff has raised two points: First, Staff states, "This Board has no jurisdiction to consider a petition that raises only antitrust issues."
Second, it suggests, "It is possible that
-footnote 1 on page 3 of the petition.
. may represent an attempt to raise an issue cognizable by a Licensing Board con-vened to consider environmental,
- health, and safety issues."
As a matter of clarification, Florida Cities seek per-mission to file this pleading.
While they believe that the
@Sod issues raised in page 3, note 1, are directly relevant to the need for antitrust relief, they do not seek intervenor status
///
V 1
concerning "environmental, health, and safety issues".
In Florida Cities'udgment, the factors raised in footnote 1 are relevant in an antitrust context.
By their petition Florida Cities sought intervention in proceedings relating to FPL's operating license
~onl insofar as they may relate to antitrust concerns.
- Thus, should their request for consolidation be granted or antitrust proceedings with regard to the operating license be separated from this docket, Florida Cities would not seek participation here.
As they read the antitrust provisions of the Atomic Energy Act, Florida Cities believe that the time to seek interven-tion with regard to FPL's operating license is now.
- Further, they perceive benefit to no party from delay.
- See, Houston Li htin
& Power Com an (South Texas Project, Unit Nos.
1 and 2), CLI-77-13, 5
NRC 1303 (1977).
- However, should there be a
question with regard to the Board's authority or the Commission's intentions in this, regard, Florida Cities would have no objection to certification of the matter to the Commission or reference to the Secretary of the Commission so that their Petition to Intervene can be ruled upon in the appropriate manner.
Respectfully submitted, Robert A. Jablon Alan J.
Roth Daniel Guttman Attorneys for Florida Cities ilay 7, 1981
V
~I 0
t t
UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Florida Power R Light Company (St. Lucie Nuclear Plant, Unit No.
2)
)
)
)
Docket No. 50-389-OL
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing have been served on the following by hand delivery (*) or by deposit in the U. S. Mail, first, class, postage prepaid, this 7th day of May, 1981.
- Chase Stephens, Chief Docketing 6 Service Section Nuclear Regulatory Commission Washington, D.
C.
20555 Ivan W. Smith, Esquire Cnairman Atomic Safety E Licensing Board Nuclear Regulatory Commission Washington, D.C.
20555 Robert M, Lazo, Esquire Atomic Safety 8 Licensing Board Nuclear Regulatory Commission Washington, D. C.
20555 Michael A. Duggan, Esquire College of Business Administration University of Texas
- Bowers, Chairman Atomic Safety 8 Licensing Board Nuclear Regulatory Commission Washington, D.
C.
20555 Dr. Peter A. Morris Atomic Safety S Licensing Board Panel Nuclear Regulatory Commission Washington, D. 'C.
20555 Dr. Oscar H. Paris Atomic Safety S Licensing Board Panel Nuclear Regulatory Commission Washington, D. C.
20555 Jerome
- Saltzman, Chief Antitrust S Indemnity Group Nuclear Regulatory Commission Washington, D. C.
20555 Richard S.
- Salzman, Esquire Atomic Safety
& Licensing Board Panel Nuclear Regulatory Commission Washington, D.C.
20555 William D. Paton, Esquire A,.
P.
- Hodgdon, Esquire Counsel for NRC Staff Nuclear Regulatory Commission Washington, D.C.
20555 J.
A. Bouknight, Jr.
Lowenstein,
- Newman, Reis 6 Axelrad 1025 Connecticut
- Avenue, N.
W.
Washington, D.
C.
20036 Joseph
- Rutberg, Esquire Lee Scott
- Dewey, Esquire Fredric Chanania, Esquire Counsel for NRC Staff Nuclear Regulatory Commission Washington, D.C.
20555 Thomas Gurney, Sr.,
Esquire 203 North Magnolia Avenue Orlando, Florida 32802 William C. Wise, Esquire 1200 18th Street.
Suite 500 Washington, D.
C.
20036
William H ~ Chandler, Esquire
- Chandler, O'Meal, Avera, Gray Stripling P.
O. Drawer 0
Gainesville, Florida 32602 Charles R.
P.
Brown, Esquire Brown, Paxton 8 Williams 301 South 6th Street P.
O.
Box 1418 Fort Pierce, Florida 33450 Janet
- Urban, Esquire Department of Justice P.
O.
Box 14141 Nashington, D. C.
20044 Donald A. Kaplan, Esquire Robert Fabrikant, Esquire Antitrust Division Department of Justice Washington, D.
C.
20530 Herbert Dym, Esquire Covington S Burling 888 16th Street, N.
W.
Washington, D. C.
20006 Hutchinson Island Coalition c/o Helen Shea Wells 93 El Mar Drive Jensen Beach, Florida 33457 George R. Kucik, Esquire Mare Gary, Esquire Ellen E.
Sward Arent, Fox, Kintner, Plotkin S Kahn 1815 H Street, M. N.
Washington, D.
C.
20006 bert A. Jablon Attorney for Florida Cities
Eocunent ntrol Desk, Ol6 Phillips Docketing
& Service Branch, Office of tne Secretary R~ST FOR DISTRIBUTION S~M 'Fi&OUW REGULA%)RY INFQR~ION DISTRIBVZiON SYSTEM (RIDS)
NOIZ'he attac~ c~ent, vhich relates to a soecific licensing docket, is the KINET CCh"ZRDL ACI'ION COPY. It is ce~fied by the Office of the Secretary as the best available copy.
RIDS CODES AND TITLES Dmc idion DS01 DS02 DS05 DS06 DS07 DSOS Add.
Antitrust Issuances Non-Antitrust Issuances Filings (Not Originated by %K)
Antit~t Filings (Originated by Non-Pa~es)
Non-Antitrust Filings (Origina~ by Non-Parties)
ELD Filings (Antitrust)
ELD Filings (Non-Antitrust)
Antitrust Filings (Not O iginated by NRC)