ML19319C620
| ML19319C620 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 02/19/1975 |
| From: | Lessy R, Vogler B NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Charnoff G, Reynolds W SHAW, PITTMAN, POTTS & TROWBRIDGE |
| References | |
| NUDOCS 8002191064 | |
| Download: ML19319C620 (2) | |
Text
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fen 191975 oo7 D
0g o o El Gerald Charnoff, Esq.
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D Un. Bradford reynolds, Esc.
Shaw, Pittman, Potts & Trowbridge w
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Washingten, D.C.
2COCC Re: The Toledo Edison Ccepany and The Cleveland Electric Illuminating Ccr.Dany (Davis-Desse
- 1uclear Ecuer Staticn. Unit 1). The Cleve-land Flectric Illunir.ating Cercanv. et al.
Ferry Nuclear Pct;er Plant, Units 1 cnd 2),
Cochet act. iG-34E.1, 50-440A and 50-4413
/
Gentlemen:
'ie were disappointed that at our nccotiatino session on January 13, IN5 concarning draft license conditions for the captioned units t.ie appli-cants rejected Staff's preliminary whaciing proposal wnich as part of a full ettle:ront of this matta, would have recuired applicants to wheel i11 pc ser emanating frco a generating scurce within the ECAR regicn.
In the acsence of a satisfactory wheeling previsico, Staff canct agree to be bound by the negotiating history cr partial results threef t!nich hava ecca;ed frcm our discussi' witn applicants on the asserpticn that a full settlement includi y Transmissicn Services would he reached.
As you know all other applicants with whcra we have reacned arircement on license conditions in advance of hearing have agreed to wheel third party power without limitation.
In addition to the foregoing, the Staff since Cacerter 2 has expended a substantial amount of time, canpcwer and public funds pursuing discovery and preparing for hearing. Thus, the ECAR transmission proposal, which actually limits third party wheeling and was made in the context of a prediscovery settlement may no longer be appropriata. This is particu-larly true since the othe applicants referred to above have agreed to i
third party wheeling without limitaticas prior to a full hearing.
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sum 4amE W oare w Forun AEC.313 (Rev. 9 33) AICM 0240 one cea se e s.ee-o siso.ae4 80 021 o logy g
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.a Gerald Charncff, Esc. tecordingly, we trust that ycu will review with your ciforts t5cir
- cr.ition ca wheeling, in the ho;c that full settlement necctiations may Occt; again La initiat0d.
Sincerely, Roy P. Lessy, Jr.
Ccunsel for !&C S taff Genjarin n. Vcqler 7ssistant Chief Antitrust Counsel for "C Staff Distribution:
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