ML19319C531
| ML19319C531 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 08/05/1974 |
| From: | Vogler B US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002190965 | |
| Download: ML19319C531 (5) | |
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3 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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THE TOLEDO EDISON COMPANY and AEC Docket No. 50-346V THE CLEVELAND ELECTRIC ILLUMINATING ).
COMPANY
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(Davis-Besse Nuclear Power Station)
THE CLEVELAND ELECTRIC ILLUMINATING COMPANY, ET AL.
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AEC Docket No. 50-440A (PerryNuclearPowerPlant,
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50-441A Units 1 and 2)
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MOTION FOR RECOPSIDERATION
.p The AEC Regulatory Staff (Staff) hereby moves the presiding Atomic, Safety and Licensing Board (Board) for reconsideration of the schedule issued in Prehearing Conference Order #2 for the captioned matter. This schedule sets the date of May 14, 1975 for the start of evidentiary hearings herein.
The Staff is aware of the consideration put forth by the Board in reaching its decision on this matter and the fact that the different positions of all of the parties herein was reviewed before the schedule was issued. The present schedule projected by the Commission for the completion of the health, safety and environmental hearing on the Perry nuclear units is March 1975.
At this juncture there is nothing to indi-cate that this schedule cannot be met. Thus this Board's scheduled date of May 14,1975 for the commencement of the antitrust hearing would result l
in the antitrust phase of the hearing process becoming the pacing item l
and the potential cause for delay in the final decision on the application l
for construction pemits for the Perry nuclear units.
8002190 7 6
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Staff notes that all of the parties to this proceeding have advised that they have no desire to delay the final action on' the construction pennit applications for the Perry units and, in fact, have advised that construction of the Perry units on time will be to their benefit.1/
In addition, Staff believes that through the close cooperation of the parties, the joint use of discovery and stipulations that the Board's schedule can be shortened so that the antitrust review process can be completed within t;ime projected for the completion of the health, ;afety and environmental proceeding.
In view of the foregoing, Staff strongly urges the Board to recon-sider the schedule issued in Prehearing Conference Order #2 and establish a new. schedule in accord with the schedule proposed by the regulatory staff in its filing of July 15, 1974 which took into account the prospective decision dates for tne compietien of the health, safety and environmental proceeding discussed in the foregoing portion of this motion.
Respectfully submitted, c', & W
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B jamin H. Vogler Acting Antitrust Counsel for AEC Regulatory Staff Dated at Bethesda, Maryland.
this 5th day of August 1974.
1/ The Davis-Besse Nuclear Power Station, Okt. No.' 50-346A, is subject to the Commission's " grandfather provisions" under Section 105c(8) of the Act and, therefore, the time frame for this unit is not as critical.
m UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of THE TOLEDO EDISON COMPANY and THE CLEVELAND ELECTRIC ILLUMINATING AEC Docket No. 50-346A COMPANY (Davis-Besse Nuclear Power Station) )
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THE CLEVELAND ELECTRIC ILLUMINATING )
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AEC Docket Nos. 50-440A (Perry Nuclear Pcwer Plant,
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50-441A Units 1 and 2)
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4 CERTIFICATE OF SERVICE I hereby certify that copies of MOTION FOR RECONSIDERATION, dated
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August 5,1974, in the captioned matter, have been served upon the following by deposit in the United States mail, first class or air mail, this 5th day of August 1974:
John B. Farmakides, Esq., Chairman Docketing and Service Section Atomic Safety and Licensing Board Office of the Secretary U. S. Atomic Energy Commission U. S. Atomic Energy Commission Washington, D. C. 20545 Washington, D. C.
20545 John H. Brebbia, Esq.
Joseph J. Saunders, Esq.
Atomic Safety and Licensing Board Steven Charno, Esq.
Alston, Miller & Gaines Antitrust Divisien 1776 K Street, N. W.
Department of Justice Washington, D. C. 20006 Washington, D. C.
20530 Dr. George R. Hall Reuben Goldberg, Esq.
Atomic Safety and Licensing Board David C. Hjelmfelt, Esq.
U. S. Atomic Energy Commission 1700 Pennsylvania Avenue, N. W.
Washington, D. C. 20545 Washington, D. C.
20006 Atomic Safety and Licensing Frank R. Clokey, Esq.
Board Panel Special Assistant Attorney General U. S. Atomic Energy Commission Room 219, Towne House Apartments Washington, D. C. 20545 Harrisburg, Pennsylvania 17105 e
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.-2. j Herbert R. Whiting, Director f
C. Raymond Marvin, Esq.
Robert D. Hart, Esq.
Assistant Attorney General Chief, Antitrust Section Department of Law 1201 Lakeside Avenue 8 East Long Street Cleveland, Ohio 44114 Columbus, Ohio 43215 John C. Engle, President George Chuplis Commissioner of Light & Power AMP-0, Inc.
Municipal Building City of Cleveland 20 High Street 1201 Lakeside Avenue Hamilton, Ohio -45012 Cleveland, Ohio 44114 George B. Crosby Director of Utilities Deborah M. Powell, Esq.
Piqua, Ohio 45350 Assistant Attorney General Antitrust Section Donald H. Hauser, Esq.
8 East Long Street Managing Attorney Suite 510 The Cleveland Electric -
Columbus, Ohi,o 43215 Illuminating Company 55 Public Square Christopher R. Schraff, Esq.
Cleveland, Ohio 44101 Assistant Attorney General Environmental Law Section Leslie Henry, Esq.
361 East Broad Street, 8th Floor Fuller, Henry. Hodge & Snyder Columbus, Ohio 43215 300 Madison Avenue Toledo, Ohio 43604 Mr. Raymond Kudukis, Director of Public Utilities John R. White, Esq.
City of Cleveland Executive Vice President 1201 Lakeside Avenue Ohio Edison Company Cleveland, Ohio 44114 47 North Main Street Akron, Ohio 44308 Gerald Charnoff, Esq.
Brad Reynolds, Esq.
Thomas J. Munsch, Esq.
Shaw, Pittman, Potts & Trowbridge General Attorney 910-17th Street, N. W.
Duquesne Light Company Washington, D. C.
20006 435 Sixth Avenue Pittsburgh, Pennsylvania 15219 Wallace L. Duncan, Esq.
Jon T. Brown, Esq.
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Duncan, Brown, Weinberg, & Palmer upwk Q; A
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1700 Pennsylvania Avenue, N. W.
Washington, D. C.
20006 Benjafhin H. Vogler Assistant antitrust Counsel David McNeil Olds for AEC Regulatory Staff Reed, Smi th, Shaw, &
l McClay Union Trust Building Pittsburgh, Pennsylvania' 15230
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