ML19319C388

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Responds to 710903 Request for Quotation from AEC 710719 Response to Applicants 710706 Petition
ML19319C388
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 09/20/1971
From: Schur B
US ATOMIC ENERGY COMMISSION (AEC)
To: Ardery P
BROWN, ARDERY, TODD & DUDLEY
References
NUDOCS 8002140774
Download: ML19319C388 (1)


Text

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NTI-TRUST Di ibuti on

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ABraitman STRobinson BHSchur POR REliedquidst DRL Septecter 20, 1971 Philip P. Ardery, Esq.

Brown, Ardery, Todd & Dudley Kentucky Home Life Building Louisville, Kentucky 40202 1

Re:

In the Matter of Toledo Edison Coreany (Davis-Besse Nuclear Station),

Occxet 40. 50-346A

Dear Mr. Ardery:

This will confirm my telephone conversation with you on Septerter 10, 1971, in response to your telegram, subject above, dated Septerter 3,1971.

The regulatory staff's response dated July 19, 1971, to your petition of July 6,1971, stated in pertinent part:

" Pursuant to 10 CFR 52.102 of the Cornission's ' Rules of Practice',

the Attorney General's advice will be published in the Federal Register. The published notice will provide that oersons wnose interests may be affected will have 30 days to petition to inter-vene and request a hearing on the antitrust aspects of the appli-ca tion.

"Accordingly, the AEC regulatory staff recorraends that consideration of the City of Cleveland's petition be held in abeyance until the time in which petitions to intervene may be filed, as will be specified in the notice to be published in the Federal Pegistar, has ended and that during this time the petitioner could be allowed to anund its petition, if it so desires, to reflect its ccreents on the advice of the Attorney General and/or the results of its negotiations with the applicants. The regulatory staff also recoranends that the applicants and we be granted 15 days after the time in which to file petitions to intervene has ended in which to answer this petition and any amendment thereto."

The Federal Register notice referred to in the quotation above was published on Septeober 4,1971. If you have any further questions, please do not hesitate to phone me.

Sincerely yours,

/s/ Bertram H. Schur

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Re:

In the ihtter of TclWo Edisen C.rvnv (D:ivis-Cesso Nuclear Station),

l I!oCket ho. dU-3-lOn

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r. Ardary:

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This will confirm my telephona convcrsation with you on Sept nber 10, 1971, in response to your telegram, subject alsove, datad Septeder 3,1971.

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The regulatory staff's re'sponse dated July 19, l'J71, to your petition of July 6,1971, stated in pertir.ent pcrt:

" Pursuant to 10 CFR 62.102 of thi Cc:missihi's ' Rules of Practice',

the Attorney C natal's advice.;ill ba publi:Md in the federal Register. The published notice vill provida that cars :,s uhose interests 11ay be aff00ted uill have CD dtys to petition to inter-vene and request a hearing on the antitrust espects.of the appli-i cation.

"Accordingly, the. AEC reguidtory' staff eccomnds that considarntion of the City of Clevaland's petitlen be held in c.boyanca until t:.a j

tico in uhich petitions to interver.e may th filed, as will be j

specified in the notice to be published in the Federal Register, i

has ended and that durin:; this time the petitioner could be allowed to amend its petition, if it so desires,' to reflect its cett.ents on the advice of the Attorney General and/or tSe resul ts of its j

negotiations with the applicants. The regulatory staff also reconrands that the applicants and pc be gr:nted 15 days after the time in which to file petitions to intervene has endad in which to an,sucr this potition and any arcand.nant thereto."

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The Federal Registar notice referred to in the quotation above was published on Septerber 4,1971.

If you have any further questions, please do not i

l hesitate to phone me.

Sincerely yours,

/s/ Bertram 11. Schur 0GC /

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