ML19319C557
| ML19319C557 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 08/25/1975 |
| From: | Lessy R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002190993 | |
| Download: ML19319C557 (8) | |
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M UNITED STATES OF N4 ERICA Q
NUCLEAR REGULATORY COMMISSI0ft 9-W'o c
g BEFORE THE ATOMIC SAFETY AND LICENSIf!G BOARD _
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In the Matter of
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NY. N THE TOLED0 EDISOff COMPANY and
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NRC Docket Nos. 50-MW, THE CLEVELAND ELECTRIC ILLUMINATING )
50-500A COMPANY
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50-501A (Davis-Besse Nuclear Power Station, )
Units 1, 2 & 3)
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THE CLEVELAND ELECTRIC ILLUMINATING )
NRC Docket Nos. 50-440A COMPANY, ET AL.
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50-441A (Perry Nuclear Power Plant,
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Units 1 & 2)
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MINUTES OF CONFERENCE CALL WITH BOARD CHAIRt%'! HELD AUGUST 20, 1975 On Wednesday, August 20th the Chairman of the Atomic Safety and Licensing Board initiated a conference call to discuss possible mod-ifications to the hearing schedule in light of the Motion of the Department of Justice For Reconsideration Of Changes In Procedural
~ Dates, which Motion was filed on July 25, 1975. Participating in the call were Licensing Board Chairman Douglas V. Rigler, William Bradford Reynolds, Counsel for Applicants; Roy P. Lessy, Jr., Counsel for Nuclear Regulatory Commission Staff; Davis C. Hjelmfelt, Counsel for the City of Clevel.and and Melvin G. Berger, Counsel for the Department of Justice.
Mr. Lessy was designated to act as Secretary.
The Chairman initially inquired of the Department of Justice as to whether the Department still desired additional time in light of the pro-gress made towards completion of discovery in the consolidated proceeding.
.s 80 02190 E k 3
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2 Mr. Berger replied that the Department had substantially concluded the review of all documents including those of Davis-Besse 2 and 3 (which had been recently consolidated with the Perry and Davis-Besse I,,roceeding) but that the reproduction of the documents had not been completed. Mr. Berger requested on behalf of the Department that the Chainnan grant the Motion For Reconsideration Of Procedural Dates, and that in so doing this would greatly alleviate the burden on the Department and the other parties. The Chairman in response indicated that it would not be the desire of the Board to put any of the parties in an intolerable position as regards the procedural dates, and then asked Mr. Berger whether the date that was causing the most prcblem was the August 29th date for the filing of ultimate issues. Mr. Berger indicated that although some a'dditional time was needed regarding the balance cf the schedule, that the most pressing date and the one that created the greatest burden was the August 29th date.
Mr. Berger indi-I cated that if that date could be moved to September 5th pursuant to the Department's request it would greatly help things.
Mr. Rigler then indicated that if the primary relief that was being requested was a slip in the ultimate issues date from August 29th to September 5th, this could be acccmplished without effect on the October 30th hearing. Thus, Appli-cants could, at their option respond to the delineation of issues by other parties on ' September 12th, and the prehearing conference to consider motions to curtail or eliminate issues would also be adjusted from Septem-ber 12th to September 18th.
In addition, the Chairman indicated that all parties other than Appl.icants would be required to file direct written testimony of expert witnesses on September 26th, but that no adjustment
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would be necessary for the start of the hearing on October 30th.
Mr. Lessy then indicated that t!.e September 26th date for the filing of testimony would be related to the prehearing conference.
He stated that if as a result of the prehearing conference there were new issues that were required to be addressed that this would cnly leave 8 days in which to file prepared testimony which might be too short. Mr. Rigler responded by saying that the purpose of the pre-l hearing conference on the 18th would relate to curtailment or elimination I
of issues and not the addition 'of anything new, therefore, there should not be any prcblem with respect to the filing of testimony. The Chair-I men indicated that the rest of the schedule could remain intact with applicants ' filing their direct written testimony of expert witnesses on October 3rd, all parties filing pre-trial briefs on October 15th with hearings to begin on October 30th.
Mr.' Lessy then indicated that Octcber 30th was a Thursday and that that might not be the best day to begin the antitrust hearing. Mr. Rigler indicated that he was aware of that but that by keeping the sched'le as it was it gave the Board approximately u
four days of slippage if any other problems arose, prior to that date.
The Chairman then inquired as to what the positicn of the parties was on changing the ultimate issue filing date by all parties other than Applicants to September Sth with Applicants response due September 12th and a prehearing conference to consider motions to curtail or eliminate issues' on September 18th, but holding fast with the October 30 hearing
,date. Mr. Reynolds stated that that presented no problem for Applicants.
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_4 Mr. Hjelmfelt indicated that the City of Cleveland had no objection to the schedule. Mr. Berger indicated that Justice could live with the schedule. Mr. Lessy indicated that Staff took no position with respect to the proposed change ia schedule. Based on that consensus the Chairman indicated that the Board would issue an Order within the next one or two days based on.the motion and the conference call.
Mr. Berger and Mr. Lessy then raised the question with the Board that the Department of Justice and the Staff respectively had outstanding pre-trial motions in front of the Licensing Board. Mr. Rigler indicated that these matters were under consideration and a decision with respect to the two motions would be forthcoming.
Mr. Hjelmfelt then asked for a clarification of the requirement that evidence by summarized in the filing of ultimate issues.
In response the Chairman indicated that the Board's expectations were contained in Prehearing Conference Order No. 4 and that the transcript of the April 21st' prehearing conference would also be helpful to this regard.
However, the 01 airman indicated that another conference call could be established if any one of the parties desired clarificat' ion with respect to that after reviewing the orders and the transcripts. Mr. R.eynolds indicated at that time that he was on vacation and that he would not be back at his office where these materials were until Monday, August 25, 1975 and accord-ingly that it was his desire that any conference call with respect to ultimate issues be held at that time or thereafter.
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Whereupon the conference call was concluded.
Respectfully submitted, 0 $bas
__Roy P./Lessy, J r.N,"
Counsel for f1RC Staff Dated at Bethesda, Maryland this 29th day of August 1975.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COR'11SSION BEFORE THE AT_0MIC SAFETY NID LICENSING BOARD In the Matter of THE TOLED0 EDISON COMPAtlY and
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NRC Docket Nos. 50-346A THF CLEVELAND ELECTRIC ILLUMIllATIttG )
50-500A COMPANY
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50-501A (Davis-Besse fluclear Power Station, )
Units 1, 2 & 3)
THE CLEVELAND ELECTRIC ILLUMINATING )
NRC Docket Nos. 50-440A
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50-441A (Perry Nuclear Pcwer Plant,
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Units 1 & 21
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CERTIFICATE OF SERVICE I hereby certify that copies of MIttUTES OF CONFERENCE CALL WITH BOARD 20,1975, dated August 29, 1975, in the captioned
' CHAIRMAN HELD AUGUST matter, have been served upon the following by deposit in the United States mail, first class or air mail this 29th day of August 1975:
Douglas V. Rigler, Esq.
Melvin G. Berger, Esq.
Chairman, Atomic Safety and P. O. 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 Commissicn Washington, D.C.
20006 Washington, D.C.
20555 John H. Brebbia, Esq.
John Lansdale, Esq.
Atomic Safety and Licensing Board Cox, Langford & Brown Alston, Miller & Gaines 21 Dupont Circle, N.W.
1776 K Street, fl.W.
Washington, D.C.
20036 Washington, D.C.
20006 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.
j U.S. Nuclear Regulatory Commission 1700 Pennsylvania Avenue, N.W.
Washington, D.C.
20555 Washington, D.C.
20006 s
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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 Floor Toledo, Ohio 43604 Columbus, Ohio 43215 Thomas A. Kayuha Mr. Raymond Kudtuis, Director Executive Vice President of Public Utilities Ohio Edison Company City of Cleveland 47 North liain street 1201 Lakeside Avenue Akron, Ohio 44308 Cleveland, Ohio 44114 Thomas J'. Munsch, Esq.
Ger:1d 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, Ohio 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 Room 219, Towne House Apartme nts City of Cleveland Harrisburg, Pennsylvania 17105 213 City Hall Cleveland, Ohio 44114 t*
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Alan S. Rosenthal, Chairman Richard S. Salzman Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. tiuclear Regulatory Commission U.S. tiuclear Regulatory Commission Washington, 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. fluclear Regulatory Commission Company Washington, D.C.
20555 P. O. Box 5000 Cleveland, Chio 44101 0
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Roy P.) Lessy, J r'.
Counsel for NRC Staff e
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