ML19326A719

Motion of City of Cleveland to Extend Time Until 760421 for Filing Briefs & Until 760430 for Filing Reply Briefs. Certificate of Svc Encl

ML19326A719
Person / Time
Site:	Davis Besse, Perry
Issue date:	04/14/1976
From:	Goldberg R CLEVELAND, OH, GOLDBERG, FIELDMAN & HJELMFELT
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8002270888
Download: ML19326A719 (6)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board i

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In the Matter of

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s The Toledo Edison Company and

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Docket Nos. 50,346A-The Cleveland Electric Illuminating )

'50-500A Company (Davis-Besse Nuclear

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50-501A Power Station Units 1, 2 and 3)

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The Cleveland Electric Illuminating )

Docket Nos. 50-440A Company, et al.

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50-441A (Perry Nuclear Power Plant

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Units 1 and 2)

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MOTION OF CITY OF CLEVELAND TO EXTEND PROCEDURAL DATES By its Order of March 19, 1976, the Atomic Safety and Licensing Appeal' Board accepted certification of four questions submitted to it by the Licensing Board in connection with that Board's disposition of the motion of the City of Cleveland to disqualify the law firm of Squire, Sanders &

Dempsey from further participation in this antitrust proceeding as counsel for The Cleveland Electric Illuminating Company. The Appeal Board directed that the parties address three additional questions.

The Order directed all parties which oppose the Licensing Board's Order to file briefs no later than April 2,1976, and parties which support the Order to file briefs no later than April 16, 1976.

The City of Cleveland, by this motion, requests that the time for filing briefs in support of the Licensing Board's Order be extended until 8 0 0 2 270 N2 q

.. April 21, ' 1976 and that the time for filing reply briefs be extended until April 30, 1976.

Mr. James B. Davis, the attorney for the City who has had the primary responsibility in the area of the disqualification proceedings, has this day resigned his position as Director of Law of the City of Cleveland, which resignation is to be effective May 3,1976, in order to return to the private practice of law. The Mayor of the City of Cleveland has requested that Mr. Davis continue his participation in these proceedings as Special Counsel for the City.

Because of the personal and professional adjustments involved in assuring a smooth transition for the Department of Law of the City until the appointment of a successor Director of Law, it is unlikely that Mr. Davis will be able to adhere to the Appeal Board's schedule for the filing of briefs

. in support of the Board's Order.

Mr. Michael R. Gallagher, counsel for Squire, Sanders & Dempsey, has been informed by Mr. Davis of both the City's intention to file this motion in which an extension of filing dates would be requested and the circumstances surrounding the request and motion. Mr. Gallagher has authorized the City to state that he supports the City's motion, conditioned upon the Appeal Board's granting the extension of time to file reply briefs until April 30, 1976. NRC Staff does not oppose the City's motion so long as equal treatment is accorded all parties.

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-. WHEREFORE, the City respectfully requests that the Appeal Board grant the City's motion to extend the time for filing briefs in support of the Order of the Board until April 21, 1976 and the time for filing reply briefs until April 30, 1976.

Respectfully submitted, James B. Davis Director of Law Robert D. Hart First Assistant Director of Law City of Cleveland 213 City Hall Cleveland, Ohio 44114 Telephone (216) 694-2737

,;.ml( l b'b Reuben Goldberg Arnold Fieldman David C. Hjelmfelt Goldberg, Fieldman & Hjelmfelt 1700 Pennsylvania Avenue, N. W.

Washington, D. C.

20006 Telephone (202) 659-2333 Attorneys for City of Cleveland, Ohio April 11, 1976

CERTIFICATE OF SERVICE I hereby certify that service of the foregoing Motion of City of Cleveland to Extend Procedural Dates has been made on the following parties listed on the attachment hereto this 14th day of April,1976, by depositing copies thereof in the United States mail, first class postage prepaid, or by hand delivery.

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izb:h David C. Hfelmfeit Attachment l

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3 ATTACHMENT Douglas V. Rigler, Esq., Chairman Ivan W. Smith, Esq.

Atomic Safety and Licensing Board John M. Frysiak, Esq.

Foley, Lardner, Hollabauch and Jacobs Atomic Safety and Licensing Board 815 Connecticut Avenue, N. W.

U.S. Nuclear Regulatory Commission Washington, D. C.

20006 Washington, D. C.

20555 Alan S. Rosenthal, Chairman Elizabeth S. Bowera,, Chairman Atomic Safety and Licensing Appeals Board Edward Luton U. S. Nuclear Regulatory Commission Thomas W. Reilly Washington, D. C.

20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Michael C. Farrar Washington, D. C.

20555 Richard S. Salzman Atomic Safety and Licensing Appeals Board Atomic Safety and Licensing Appeal U.S. Nuclear Regulatory Commission Board Panel Washington, D. C.

20555 U.S. Nuclear Regulatory Commission Washington, D. C.

20555 Howard K. Shapar, Esq.

Executive Legal Director Jack R. Goldberg, Esq.

U.S. Nuclear Regulatory Commission Office of the Executive Legal Director Washington, D. C.

20555 U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Mr. Frank W. Karas, Chief Public Proceedings Branch Benjamin H. Vogler, Esq.

Office of the Secretary Joseph Rutberg, Esq.

U. S. Nuclear Regulatory Commission Robert J. Verdisco, Esq.

Washington, D. C.

20555 Roy P. Les sy, Jr., Esq.

Office of the General Counsel Abraham Braitman, Esq.

Regulation Office of Antitrust and Indemnity U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Washington, D. C.

20555 Melvin G. Berger, Esq.

Frank R. Clokey, Esq.

Joseph J. Saunders, Esq.

Special Assistant Attorney General Steven M. Charno, Esq.

Towne House Apartments, Room 219 David A. Leckie, Esq.

Harrisburg, Pennsylvania 17105 Janet R. Urban, Esq.

Antitrust Division Edward A. Matto, Esq.

Department of Justice Assistant Attorney General Post Office Box 7513 Chief, Antitrust Section Washington, D. C.

20044

- 30 East Broad Street, 15th floor l

Columbus, Ohio 43215 l

Karen H. Adkins, Esq.

l Christopher R.' Schraff, Esq..

Richard M. Firestone, Esq.

l Assistant Attorney General Assistant Attorneys General Environmental Law Section Antitrust Section 361 East Broad Street, 8th floor 30 East Broad Street, 15th floor Columbus, Ohio 43215 Columbus, Ohio 43215

Page. 2 ATTACHMENT (Continued)

Russell J. Spetrino, Esq.

Leslie Henry, Esq.

Thomas A.. Kayuha, Esq.

Michael M. Briley, Esq.

Ohio Edison Company Roger P. Klee, Esq.

47 North Main Street Fuller, Henry, Hodge & Snyder

- Akron, Ohio 44308 Post Office Box 2088 Toledo,. Ohio 43604 Jchn Lansdale, Jr., Esq.

Cox, Langford & Brown James R. Edgerly, Esq.

21 Dupont Circle, N. W.

Secretary and General Counsel Washington, D. C.

20036 Pennsylvania Power Company One East Washington Street Richard A. Miller, Esq.

New Castle, Pennsylvania 16103 Vice President and General Counsel The Cleveland Electric Illuminating Co.

Donald H. Hauser, Esq.

Post Office Box 5000 Victor A. Greenslade, Jr., Esq.

Cleveland, Ohio 44101 The Cleveland Electric Illuminating Co.

Post Office Box 5000 Gerald Charnoff, Esq.

Cleveland, Ohio 44101 Wm. Bradford Reynolds, Esq.

Shaw, Pittman, Potts & Trowbridge Thomas J. Munsch, Jr., Esq.

1800 M Street, N. W.

General Attorney Washington, D. C.

20036 Duquesne Light Company 435 Sixth Avenue David McNeill Olds, Esq.

Pittsburgh, Pennsylvania 15219 William S. Lerach, Esq.

Reed, Smith. Shaw & McClay Joseph A. Rieser, Esq.

i Post Office Box 2009 Reed, Smith, Shaw & McClay Pittsburgh, Pennsylvania 15230 1155 Fifteenth Street, N. W.

Washington, D. C.

20005 Terrence H. 'Benbow, Esq.

-Steven B. Peri, Esq.

John' C. Engle, President Winthrop, Stimson, Putnam & Roberts AMP-O, Inc.

40 Wall Street 20 High Street New York, New York 10005 Hamilton, Ohio 45012 l

Docketing and Service Section Atomic Safety and Licensing Board Panel Office of the Secretary U. S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C.

20555 Washington, D. C.

20555 Alan P. Buchmann, Esq.

Michael R. Gallagher, Esq.

Squire, Sanders & Dempsey 630 Bulkley Building 1800 Union Commerce, Building 1501 Euclid i

Cleveland, Ohio 44115

- Cleveland, Ohio 44115

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