ML19326A588

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Motion for Leave to File Reply Re Utils' 770812 Reply to DOJ Motion to Strike.Reply to Utils Allegation That DOJ Permitted Witness to Give False Testimony Requested to Be Filed
ML19326A588
Person / Time
Site: Davis Besse, Perry  Cleveland Electric icon.png
Issue date: 08/17/1977
From: Berger M, Urban J
JUSTICE, DEPT. OF
To:
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML19326A589 List:
References
NUDOCS 8002250906
Download: ML19326A588 (2)


Text

'

m UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD

/7 In the Matter of )

)

The Toledo Edison Company and )

The Cleveland Electric Illuminating ) Docket Nos. J50- 46A Company ) T0-500A (Davis-Besse Nuclear Power Station, ) 50-501A Units 1, 2 and 3) )

)

The Cleveland Electric Illuminating ) Docket Nos. 50-440A Company, et al. ) 50-441A (Perry Nuclear Power Plant, )

Units 1 and 2) )

MOTION FOR LEAVE TO FILE A REPLY Pursuant to Section 2.730 of the Commission's Rules of Practice (10 C.F.R. S2.730), the Department of Justice hereby moves the Atomic Safety and Licensing Appeal Board for leave to file a reply to Applicants' Reply to the Department of Justice's Motion to Strike.

On August 12, 1977, Applicants filed Applicants' Reply to the Department of Jitstice's Motion to c'.rike. In this pleading, Applicants charge that members of the Department's trial staff knowingly permitted a witness to give false testimony. Although Applicants had hinted in their Reply Brief at the charge they now make, the Department did not believe that the intimated allegation 8002 250 70 6 /87

. . m 3 deserved the dignity of a reply and our Motion to Strike did not mention this point. Now that Applicants' intimation has become a full blown charge of misconduct by the Department, we believe that a further brief explanation is in order. For these reasons, the Department seeks leave to file the reply attached hereto.

Reapectfully submitted,

}lNb y:L b L ** .T_ ; .;. ,

Melvin G. Berger /'

lt2n.l.h k [ ' l$ L finet R. Urban Attorneys, Antitrust Division Department of Justice Washington, D.C. 20530 August 17, 1977

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