ML19319C515

Statement on Participation by State of Oh.Antitrust Proceeding & Congressional Policy Should Be Implemented. Certificate of Svc Encl

ML19319C515
Person / Time
Site:	Davis Besse, Perry
Issue date:	11/07/1975
From:	Adkins K, Firest R, Matto E OHIO, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8002190946
Download: ML19319C515 (7)

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S' UNITED STATES OF AMERICA " NOVil N ki, NUCLEAR REGULATORY COMMISSION t m-- c- ,,,'.. { I* &[

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD /

4 Y In the Matter of )

)

THE TOLEDO EDISON COMPANY and ) _

THE CLEVELAND ELECTRIC ILLUMINATING COMPANY

) NRC Docket No. 5f46p

)

(Davis-Besse Nuclear Power Station )

Unit 1) )

)

THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL. ) NRC Docket No. 50-440A (Perry Nuclear Power Plant ) 50-441A Units 1 and 2) )

)

THE TOLEDO EDISON COMPANY,ET AL. ) NRC Docket No. 50-500A (Davis-Besse Nuclear Power Station, ) 50-501A Units 2 and 3) )

STATEMENT ON PARTICIPATION BY THE STATE OF O!!IO

1. Having reason to believe that a situation inconsistent with the antitrust laws might be created or maintained by the issuance of a license by the Nuclear Regulatory Commission for construction'and operation of the Davis-Besse and Perry units unless proper conditions were attached thereto, the Stato of Ohio sought to intervene in the above-captioned proceedings to assure that the interests of the people of Ohio were protected.

2. The opportunity to participate in these proceedings was granted pursuant to 10 C.F.R. 52.715(c). In its Statement on Participation of June 20, 1974, the State set forth the agreed-to limited nature of its participation, avoiding duplication of 1

effort yet reserving sufficient _ options to guarantee representa-l tion of its citizens. t 8002 i

3. The State reserved for itself options to:

(a) make brief opening and closing statements; (b) conduct supplemental interrogation of witnesses; and (c) submit proposed findings of fact, conclusions of law, and relief on all issues in controversy.

4. Having closely followed the. initial stages of these pro-ceedings, reviewed the September 5 filings of the parties setting forth the nature of the cases to be presented, and studied the direct testimony of expert witnesses which has been submitted, the State is convinced that the interests of its citizens are being fully and convincingly put before the Board by the Depart-ment of Justice, the NRC St.aff, and the City of Cleveland.

5. Therefore the State of Ohio hereby informs the Board and the parties to this proceeding that to avoid needless duplication of efforts and the consequent unnecessary drain on its resources, the State does not intend to file a pre-trial brief nor make an opening statement to the Board, nor does it foresee the need for its supplemental interrogation of witnesses.

6. While a representative of the State of Ohio will not be in attendance at the hearings beginning in December in Washington, D.C., complete transcripts of those hearings will be monitored to assure continued concurrence with the case being made before the Board. Proposed findings of fact, conclusions of law, and relief could thereby be submitted by the Stato if i t- is felt they could supplement the briefs of Justice, Staff and Cleveland I i

and materially aid the Board in its decision. The State does not hereby waive its appellate rights.

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7. The State remains convinced of the need for those anti-trust proceedings and the Congressional policy to be implemented thereby.

Respectfully submitted, WILLIAM J. BROWN ATTORNEY GENERAL OF OHIO fE N' YOh Edward A. Matto /

Assistant Attorney General Chief, Antitrust Section 4 -<w A. ?x, Richard M. Firestone Assistant Attorney General

,Av - s ,L Y$,b Karen H. Adkins /

Assistant Attorney General Antitrust Section Suite 1599 30 East Broad Street Columbus, Ohio 43215 (614) 466-4328 DATED: November 7, 1975 e

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8 c NOV 11197.5 >

UNITED STATES OF AMERICA D e.. 5, , 9 NUCLEAR REGULATORY COMMISSION **"*'d* f 5"'**

% /p BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

THE TOLEDO EDISON COMPANY and )

THE CLEVELAND ELECTRIC ILLUMINATING ) NRC Docket No. 50-346A COMPANY )

(Davis-Besse Nuclear Power Str. tion )

Unit 1) )

)

THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL.

(Perry Nuclear Power Plant

) NRC Docket No. 50-440A

) 50-441A Units 1 and 2) )

)

THE TOLEDO EDISON COMPANY,ET AL. ) NRC Docket No. 50-500A (Davis-Besse Nuclear Power Station, ) 50-501A Units 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the STATEMENT ON PARTICI-PATION BY THE STATE OF OHIO, dated November 7, 1975, in the above-captioned matter have been served upon all parties listed on the Attachment hereto by deposit in the United States mail, postage prepaid, this 7th day of November, 1975.

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, RICHARD M. FIRESTONE Assistant Attorney General State of Ohio l

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Douglas V. Rigler, Esq.

Chairman, Atomic Safety and Licensing Board Foley, Lardner, Hollabaugh and Jacobs Schanin Building 815 Connecticut Avenue, N.W.

Washington, D.C. 20006 Ivan W. Smith, Esq.

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 John M. Frysiak, Esq.

Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatoiy Commission Washington, D.C. 20555 Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Benjamin H. Vogler, Esq.

Robert J. Verdisco, Esq.

Roy P. Lessy, Jr., Esq.

Office of General Counsel Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Joseph J. Saunders, Esq.

Steven Charno, Esq.

Melvin G. Berger, Esq.

Antitrust Division U.S. Department of Justice P.O. Ecx 7513' Washington, D.C. 20044 Gerald Charnoff, Esq, William B. Reynolds, Esq.

Shaw, Pittman, Potts & Trowbridge ,'

910 17th Street, N.W.

Washington, D.C. 20006  !

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Rueben Goldberg, Esq. 1 David C. Hjelmfelt, Esq. )

1700 Pennsylvania Ave., it.W.  ;

Washington, D.C. 20006

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Wallace L. Duncan, Esq.

Jon T. Brown, Esq.

Duncan, Brown, Weinberg & Palmer 1700 Pennsylvania Ave., N.W.

Washington, D.C. 20006 James B. Davis, Esq.

Robert D. Hart, Esq.

Law Department, 213 City Hall 1201 Lakeside Avenue Cleveland, Ohio 44114 Raymond Kudukis, Director Department of Utilities City of Cleveland 1201 Lakeside Avenue Cleveland, Ohio 44114 Lee C. Howley, Esq.

Donald H. Hauser, Esq.

The Cleveland Electric Illuminating Company 55 Public Square Cleveland, Ohio 44101 Frank R. Clokey, Esq.

Special Assistant Attorney General Room 219 Towne House Apartments Harrisburg, Pennsylvania 17105 John C. Engle, President AMP-0, Inc.

Municipal Building 20 High Street Hamilton, Ohio 45012 Thomas A. Kayuha, Esq.

Ohio Edison Company 47 North Main Street Akron, Ohio 44308 Leslie Henry, Esq. ,

Fuller, Henry, Hodge & Snyder 300 Madison Avenue Toledo, Ohio 43604 David M. Olds, Eng.

Recd, Smith, Shaw & McClay 747 Union Trust Building Pittsburgh, Pennsylvania 15219

m Thomas J. Munsch, Esq.

Duquesne Light Company 435 Sixth Avenue Pittsburgh, Pennsylvania 15219 John Lansdale, Esq.

Cox, Langford & Brown 21 Dupont Circle, N.W.

Washington, D.C. 20036 Victor F. Greenslade, Jr., Esq.

The Cleveland Electric Illuminating Co.

P.O. Box 5000 Cleveland, Ohio 44101 Wallace E. Brand 1000 Connecticut Avenue, N.W.

Suite 1200 Washington, D.C. 20036 Joseph A. Rieser, Jr.

Lee A. Rau Reed, Smith, Shaw & McClay

-Suite 404 Madison Building j

Washington, D.C. 20005 Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission l

Washington, D.C. 20555 Frank W. Karas, Chief' Public Proceedings Branch Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Terrence H. Benbow, Esq.

Winthrop, Stimson,-Putnam & Roberts 40 Wall Street New-York, New York 10005

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