ML19207B056
| ML19207B056 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 08/20/1979 |
| From: | Goldberg R GOLDBERG, FIELDMAN & LETHAM, P.C. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 7908230308 | |
| Download: ML19207B056 (2) | |
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GOLD B ERG, FIELD M AN & LETH AM, P. C.
1700 PENN SY LVANI A AVEN U E. N. W WEUBEN QQLDBERG WAS HIN GTO N. D. C. 200 06 ah4GLD FIELDwam (2 C 2) 393-2444 OLENN W LETH Ame E IN ~i~~ ^ ~ " '$oS-E., /
August 20, 1979
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- -o..a o m Mr. Harold R.
Denton Director, Office of Nuclear Reactor Regulation United States Nuclear Regulatory Commission Washington, D.C.
20555 Re:
The Toledo Edison Company and The Cleveland Electric Illuminating Company (Davis-Besse Nuclear Power Station, Unit 1), NRC Docket No. 50-346A; The Cleveland Electric Illuminating Company (Perry Nuclear Power Plant, Units 1 and 2) NRC Docket Nos. 50-440A and 50-441A
Dear Mr. Denton:
By letter dated August 6, 1979, The Cleveland Electric Illuminating Company (CEI), pursuant to the order issued on June 25, 1979 in the above referenced proceedings, has requested an opportunity to be heard on the issues specified in that order.
As the City of Cleveland, Ohio, reads the order of June 25, 1979, the hearing will relate to all violations of Antitrust License Condition No.
3, including the failure of CEI to comply with the provisions of the license condition which re-quire CEI to make reasonable provisions for transmission require-ments of other entities in planning future transmission either individually or within the CAPCO grouping where the entities using wheeling services to be made available by CEI have given reason-able advance notification of future requirements.
The City of Cleveland acknowledges receipt by its counsel of the order of August 6, 1979 signed by Mr. Roger J.
Mattson, the Acting Director of the Office of Nuclear Regulation.
That order gives the City of Cleveland 30 days from August 6, 1979 to respond to the statements of CEI for a stay of the pro-visions of the order of June 25, 1979 which would permit CEI to continue in violation of the license conditions until twenty-five days after a final opinion and order has been issued by the Federal Energy Regulatory Commission in FERC Docket No. ER78-194.
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GOLD B ERG, FIELD M AN & LETH AM, P. C.
Mr. Harold R.
Denton August 20, 1979 Director, Office of Nuclear Page 2 Reactor Regulation United States Nuclear Regulatory Commission The City of Cleveland opposes the requested stay and will file a response in opposition thereto on or before September 6, 1979.
The City of Cleveland wishes also to register its strong protest to the temporary stay granted by the order of August 6, 1979, without having afforded the City of Cleveland and other parties the opportunity to submit their views on the Commission's intention to grant a temporary stay.
Respectfully submitted, CITY OF CLEVELAND, OHIO
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Redben Goldberg Attorney for City of Cleveland, Ohio cc:
Wm. Bradford Reynolds Benjamin H. Vogler Janet R.
Urban J.
P.
Williamson - The Toledo Edison Company J.
R. White - Ohio Edison Company R.
E.
Semmler - Pennsylvania Power Company S.
G.
Schaffer - Duquesne Light Company
.