ML19319C405
| ML19319C405 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 09/09/1975 |
| From: | Lessy R, Vogler B NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002140787 | |
| Download: ML19319C405 (6) | |
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UtlITED STATES OF AMERICA I4UCLEAR REGULATORY CCMMISSIOff BEFORE THE ATC 1IC SAFETY AtlD LICE iEI:'G E0ARD In the itatter of
)
TiiE TOLED0 EDIs0:1 COMPA?iY and flRC Docket tios THE CLEVELAiD ELECTRIC ILLUMITIATI:lG
)
50-500A COMPA!iY
)
50-501A (Davis-Besse iluclear Power Station,
)
Units 1, 2 & 3)
)
)
TliE CLEVELAtlD ELECTRIC ILLUMIiATItiG
)
fiRC Docket flos. 50-440A COMPAl1Y, ET AL,
)
50-441A (Perry iuclear Power Plant,
)
Units 1 & 2)
)
STAFF'S NISt;ER I:1 OPPOSITICil TO APPLICAllT'S RE'IEWED :40TIO:: FOR SUM."ARY DISPOSITIO:!
On August 18, 1975, applicants renewed their August 15, 1974 Motion for Summary Disposition. The Staff opposes applicants' renewed motion.
This renewed motion is at least the third attempt by applicants to' have the Board procedurally rule cut of this matter the issue of CEI's refusal to wheel 30mw of PAS?!Y power to the City of Cleveland.
In the past, all of the parties have opposed applicants' attempts and the Board has rejected applicants' motions. 1/
On October 10, 1974, the Staff in its answer in opposition to applicants' previous motien noted at page 3:
Applicants' flotion is especially inappropriate at this time in view of the Board's recognition that third party wheeling of power frcm outside the service areas of the applicants is a relevant issue in this proceeding.
Item (5) 1/ Final Memorandum and Order on Petitions to Intervene, April 16, 1973; Order on Applicants' Motion for Summary Disposition, ilovember 4,1974.
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9 8 0 02140 2 f 7
at page 11 of the Board's Prehearing Conference Order #2 of July 25, 1974 includes as a matter in centroversy, *...
whether applicants have, or could use their ability to pre-clude other electric entities within the CCCT from obtaining 4
sources of bulk power from othe.r electric entities outside the CCCT." 4/
The Staff believes that AMP-Ohio has an interest in this proceeding.
By refusing to wheel for AMP-Ohio, applicants through the use of their dominant position can effectively restrict a potential competitor. Applicants' dcminance and misuse of its dominant position, if established, represents the type of " situation" that may be considered in a Section 105(c) proceeding.
4/ It is significant that Applicant cites the Louisiana Power & Light (LP&L) case, Dkt. No. 50-382A, in support 4
of its present motion for summary disposition -- however, in the LP&L proceeding, the LP&L Board also adopted third party wheeling as a matter in controversy.
(Staff's Answer in Opposition to Applicants' Motion for Summary Disposition
(
October 10,1974, p.3)
Staff hereby incorporat:' by ' reference its Answer in Opposition pre-viously filed with the Board on October 10, 1974.
Pretrial discovery is now ccmplete and Staff states to the Board that CEI's refusal to wheel PASNY power to the City of Cleveland is still i
a viable issue in controversy and will be c part of Staff's presentation in this matter.
In addition to the foregoing, Staff notes that the mere fact that AMP-0 did not participate in the pretrial discovery process does not i
I render an issue in controversy moot and most certainly cannot be used as grounds for dismissing a party to this proceeding. These two issues i
a y t-
s -
were put to rest by the Board long ago (See fn.1 infra.)
In view of all of the above, Staff recommends that the Board reject Applicants' Renewed Motion for Summary Disposition.
Respectfully submitted, rt 20:/Gm)S GG V
/
/
/d Berfjamin H.. Veg,ter,
Assistant Chier Antitrust Counsel for NRC Staff j9
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Roy P. Les sy, J r',
Counsel for NRC Staff Dated at Bethesda, Maryland this 9th day of September 1975 l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY CC:'dISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of THE TOLEDO EDISON COMPANY and
)
NRC Docket Nos. 50-346A THE CLEVELAND ELECTRIC ILLUMItiATItiG )
50-500A COMPANY
)
50-501A (Davis-Besse Nuclear Power Station, )
Units 1, 2 & 3)
)
)
THE CLEVELAND ELECTRIC ILLUMINATIliG )
NRC Docket tios. 50-440A COMPANY, ET AL.
)
50-441A (Perry Nuclear Power Plant,
)
Units 1 & 2)
)
CERTIFICATE OF SERVICE I hereby certify that ccpies of STAFF'S ANSUER IN OPPOSITION TO APPLICANT'S RENEWED MOTIO:1 FOR
SUMMARY
DISPOSITICM, dated September 9,1975, in the captioned matter, have been served upon the following by decosit in the United States mail, first class or air mail, this 9th day of September 1975:
Douglas V. Rigler, Esq.
Melvin G. Berger, Esq.
Chairman, Atomic Safety and P. 0. Box 7513 Licensing Board Washington, D.C.
20044 Foley, Lardner, Hollabaugh and Jacobs Docketing and Service Section Schanin Building Office of the Secretary 815 Connecticut Avenue, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C.
20006 Washington, D.C.
20555 Ivan W. Smith, Esq John Lansdale, Esq.
Atomic Safety and i.icensing Board Cox, Langford & Brown U.S. Nuclear Regulatory Ccmmission 21 Dupont Circle, N.W.
Washingten, D. C.
20555 Washington, D.C.
20026 Joseph J. Saunders, Esq.
Mr. John M. Frysiak Steven Charno, Esq.
Atomic Safety and Licensing Board Antitrust Division U.S. Nuclear Regulatory Comission P. O. Box 7513 Washington, D.C.
20555 Washington, D.C.
20044 Atomic Safety and Licensing Board Reuben Goldberg, Esq.
Panel David C. Hjelmfelt, Esq.
U.S. Nuclear Regulatory Ccmmission 1700 Pennsylvania Avenue, N.W.
Washington, D.C.
20555 Washington, D.C.
20006
- Edward A. Matto, Esq.
Robert D. Hart, Esq.
Assistant Attorney General Department of Law Chief, Antitrust Section 1201 Lakeside Avenue 30 East Broad Street,15th Floor Cleveland, Ohio 44114 Columbus, Ohio 43215 John C. Engle, President George Chuplis, Esq.
AMP-0, Inc.
Commissioner of Light & Power Municipal Building City of Cleveland 20 High Street 1201 Lakeside Avenue Hamilton, Ohio 45012 Cleveland, Ohio 44114 Donald H. Hauser, Esq.
Karen H. Adkins, Esq.
Managing Attorney Assistant Attorney General The Cleveland Electric Antitrust Section Illuminating Company 30 East Broad Street,15th Floor 55 Public Square Columbus, Ohio 43215 Cleveland, Ohio 44101 Christopher R. Schraff, Esq.
Leslie Henry, Esq.
Assistant Attorney General Fuller, Henry, Hodge & Snyder Environmental Law Section 300 Madison Avenue 361 East Broad Street, 8th Flcor Toledo, Chio 43604 Columbus, Ohio 43215 Thomas A. Kayuha Mr. Raymond Kudukis, Director Executive Vice President of Public Utilities Ot. in Edison Company City of Cleveland 47 Lu, th Main Street 1201 Lakeside Avenue Akron, Ohio 44308 Cleveland, Chio 44114 Thomas J. Munsch, Esq.
Cerald Charnoff, Esq.
General Attorney Wm. Bradford Reynolds, Esq.
Duquesne Light Company Shaw, Pittman, Potts & Trowbridge 435 Sixth Avenue 910-17th Street, N.W.
Pittsburgh, Pennsylvania 15219 Washington, D.C.
20006 Wallace L. Duncan, Esq.
Richard M. Firestone, Esq.
Jon T. Brown, Esq.
Assistant Attorney General Duncan, Brown, Weinberg & Palmer Antitrust Section 1700 Pennsylvania Avenue, N.W.
30 East Broad Street,15th Floor Washington, D.C.
20006 Columbus, Chio 43215 David McNeil Olds Wallace E. Brand, Esq.
Reed, Smith, Shaw & McClay 1000 Connecticut Avenue Union Trust Building Suite 1200 Pittsburgh, Pennsylvania 15230 Washington, D.C.,
20036 Frank R. Clokey, Esq.
James B. Davis Special Assistant Attorney General Director of Law Rocm 219, Towne House Apartments City of Cleveland Harrisburg, Pennsylvania 17105 213 City Hall Cleveland, Ohio 44114
. Alan S. Rosenthal, Chainaan Richard S. Sal man Atomic Safety and Licensing Atomic Safety and Licensing Apr eal Board Appeal Board U.S Nuclear Regulatory Commission U.S. fluclear Regulatory Commission Wa..ington, D.C.
20555 Washington, D.C.
20555 Michael C. Farrar Victor F. Greenslade, Jr.
Atomic Safety and Licensing Principal Staff Counsel Appeal Board The Cleveland Electric Illuminating U.S. tiuclear Regulatory Commission Company Washington, D.C.
20555 P. O. Box 5000 Cleveland, Chlo 44101 Joseph A. Rieser Reed, Smith, Snau 3 McClay Suite 404
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Roy P.) Les sy, J r'.
Counsel for NRC Staff