"Agreement for Electrical Generation Facility & Steam Delivery."
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UNITED STATES OF Al'KRICA NUClEAR REGULATORY COL'MISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) ) FLORIDA POWER 6 LIGHT COMPANY ) Docket No. 50-389-OL ) (St. Lucie Nuclear Power Plant., ) Unit No. 2) ) CERTIFICATE OF SERVICE I hereby certify that copies of "Response of Florida Power & Light. Company In Opposition To 'Petition To Intervene And Request For Hearing'iled By Parsons a Whittemore, Inc. and Resources Recovery (Dade County), Inc. " together with Notices of Appearance of J.A. Bouknight, Jr., Douglas G. Green and Herbert Dym, were served bv hand delivery * or by deposit in the U.S. Mail, first class postage prepaid this 6th day of May, 1981. Ivan W. Smith, Esquire Dr. Oscar H. Paris Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Robert M. Lazo, Esquire Atomic Safety and Licensing Board Docketing and Service Station U.S. Nuclear Regulatory Commission Office of the Secretary Washington, D.C. 20555 U.S. Nuclear Regulatory Commi ssi on Michael A. Duggan, Esquire Washington, D.C. 20555 College of Business Administration University of Texas Jerome Saltzman, Chief Austin, Texas 78712 Antitrust 6 Indemnity Group U.S. Nuclear Regulatory William D. Paton, Esquire Commission Counsel for NRC Staff Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Elizabeth S. Bowers, Chairman U.S. Nuclear Regulatory Atomic Safety and Licensing Board Commi s sion U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Richard S. Salzman, Esquire Dr. Peter A. Morris Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board Panel Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Joseph Rutberg, Esquire Donald A. Kaplan, Esquire Lee Scott Dewey, Esouire Robert Fabrikant, Esquire Fredric D. Chanania, Esquire Antitrust Division Counsel for NRC Staff U.S. Department of Justice U.S. Nuclear Regulatory Washington, D.C. 20530 Commi ssion Washington, D.C. 20555 Charles R.P. Brown, Esquire Brown, Paxton and Williams Ann P. Hodgdon, Esquire 301 South 6th Street Office of the Executive Legal P.O. Box 1418 Director Fort Pierce, Florida 33450 U.S. Nuclear Regulatory Commission Helen Shea Wells Washington, D.C. 20555 93 El Mar Drive Jensen Beach, Florida 33457 Thomas Gurney, Sr., Escuire 203 North Magnolia Avenue George R. Kucik, Esquire Orlando, Florida 32802 Mare Gary, Esquire Ellen E. Sward Robert E. Bathen Arent, Fox, Kintner, Plotkin & Kahn Fred Saffer 1815 H Street, N.W. R.W. Beck & Associates Washington, D.C. 20006 P.O. Box 6817 Orlando, Florida 32803 George Spiegel, Esquire Robert Jablon, Esquire Daniel Guttman, Esquire Spiegel & licDiarmid 2600 Virginia Avenue, N.W. Washington, D. C. 20037 William C. Wise, Esquire Suite 500 1200 18th Street, N.W. Washington, D.C. 20036 William H. Chandler, Esquire Chandler, O'Neal, Avera, Gray & Stripling Post Office Drawer 0 Gainesville, Florida 32602 Janet Urban, Esquire U.S. Department of Justice J.A. Bou night, Jr. ~ -.P.O. Box 14141 Qowenstein, Newman, Reis & Washington, D.C. 20044 Axelrad 1025 Connecticut Avenue, N.W. Washington, D.C. 20036 DATED: May 6, 1981 (202) 862-8400 APPENDIX A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the. Matter of FLORIDA POWER 6 LIGHT COMPANY Docket No. 50-389-OL (St. Lucie Nuclear Power Plant, Unit No. 2) AFFIDAVIT OF J. T. BLOUNT J. T. Blount,'eing duly sworn, deposes and says: l. I am Assistant Secretary of Florida Power Light Company ("FPL"). ln that capacity, I am the official custodian of FPL's files in the absence of Astrid Pfeiffer. 2. Attachment A to this Response is an accurate and complete copy of a document entitled "Agreement For An Electrical Generation Facility And Steam Delivery Between Metropolitan Dade County, Florida And Florida Power 6 Light Company" contained in the official files of FPL. These files contain documents used or received by FPL in the ordinary course of its business. J. T. Bloun Subscribed and sworn to before me this ~ day of May, 1981. )g~~g Wl. Notary Public HKARYfL'E'.IG STATE Ci fLQR!9A'T LARGE Pe'IY QA'ai'(.ISSIOi'I Eiiksn~5 JA.k ~ 6 198S My Commission expires AGREEMENT FOR AN ELECTRICAL GENERATION FACILITY AND STEAM DELIVERY BETWEEN METROPOLITAN DADE COUNTY, FLORIDA AND FLORIDA POWER 2 LIGHT COMPANY TABLE OF CONTENTS Section Title Pa e Number 1.0 Parties 2.0 Recitals 3.0 Definitions 0.0 Contract Documents 5.0 Obligations of the County 10 6.0 Obligations of FPL 15 7.0 Title 8.0 Risk of Loss 9.0 Indemnity and Insurance 10.0 Taxes 23 11.0 Testing and Acceptance 12.0 Warranty 26 13.0 Limitations of Liability 28 10.0 Patents 29 15.0 Term and Termination 31 16.0 Force Majeure 1?.0 Changes and Extra Work 18.0 Defective Work 19.0 Closing 36 20.0 Defaults 37 21.0 Representations 22.0 Equal Employment Opportunity and Civil Rights 39 23.0 Assignment 00 20.0 Non-Waiver 25.0 Arbitration 02 TABLE OF CONTENTS "Section Title Pa e Number 26.0 Notices and Correspondence 27.0 Effect of Section Headings 28.0 Applicable State Law 29.0 Acknowledgment of Agreement 30.0 Finality 31.0 Signatures 08 APPEN DICES Appendix "A" Purchase Price of Electrical Generation Facility and Contract Steam A-1 Appendix "B" Technical Description and Requirements Exhibit "A" Lease of Electrical Generation Facility Site EA-1 , "B" EB-1 r Exhibit Opinion of County's Counsel ~ ~ Exhibit ttltt Legal Description of Electrical Facility Site El-1 1.0 PARTIES The parties hereto (the "Parties" ) enter into this Agreement to be made effective as of this 18th day of October, 1977. The Parties hereto are: 1.1 Metropolitan Dade County, Florida (the "County"). 1.2 Florida Power k Light Company, 9250 V/est Flagler Street, Miami, Florida ("FPL"). 2.0 RECITALS Whereas, this Agreement is made with reference to the following facts: 21 The County desires to provide a long-term solution to the problem'f solid waste disposal that will efficiently and economically serve the residents of the County in an environmentally acceptable fashion. 2.2 The County is of the belief that a promising solution to the problem of solid waste disposal lies in the use of certain techniques to recover or reclaim various substances of potential value from the composite solid waste disposed of by its residents and in the use of other techniques to process the remaining solid waste and render it combustible, and to burn such waste autogenously and thereby to produce heated steam, which steam may then be used to produce electrical energy. 2.3 Acting in furtherance of the above belief, the County has contracted with Resource Recover y ((Dade County),C Inc., a Delaware corporation, for the design, construction and operation of a Solid Waste Processing Facility, which facility is to be constructed to reclaim and process solid waste to prepare autogenous fuel and to produce heated steam through the combustion of this fuel; and for the design and construction of an Electrical Generation Facility, which facility is to be constructed to produce electrical energy from said heated steam. * 2A FPL, which is en ga ged in'heh generation, transmission and distribution of electrical power, desires to cooperate with the County to achieve a solution to the problem of solid waste disposal that will be efficient and effective, both environmentally and energetically. 2.5 FPL does, therefore desire to cooperate with the County in the construction, 4 maintenance and operation of an Electrical Generation Facility, which will produce electrical energy from steam that is produced by the Solid Waste Processing Facility through the combustion of fuel derived from solid waste, which electrical energy is thus produced from potential energy in solid waste that would otherwise remain wasted and unused. 2.6 The County and FPL desire, by this Agreement, to define terms, conditions, rights, obligations and remedies with respect to said construction and purchase of this Electrical Generation Facility, and purchase of Contract Steam. The Parti', therefore, agree as follows: -3- 3.0 DEFiNiTiONS When used herein with initial capitalization, whether in the singular or in the plural, the following terms shall have the following defined meanings: 3.1 Acce t/Acce tance/Acce tance Date That point in time at which the Work is accepted by FPL, the date of which shall be determined by successful compliance with the performance guarantees set forth in Appendix B. 3.2 ~Areement This document, including all Contract Documents specifically identified and incorporated herein by reference (see Section 0.0). 3.3 ASME American Society of Mechanical Engineers. 3.0 Commencement Date The date on which the County issues the Contractor a written notice to proceed with the construction of the Solid Waste Resource Recovery Facilities. 3.5 Contract Documents The documents described in Section 0.0. 3.6 Contract Steam Quality Steam delivered to FPL which FPL shall purchase in accordance with Section 6.6 and Appendix "A." 3.7 Contractor Resources Recovery (Dade County), Inc.3 which was awarded a contract by the County to design, License and construct the Solid Waste Resource Recovery Facilities. The Contractor shall perform the Work as an independent contractor of the County and not as an independent contractor or a subcontractor or agent of FPL. FPL retains no control or direction over the Contractor or its employees, or over the detail, manner or methods of the performance of the construction work.