ML19326A981

Responds to ASLB 760920 Order to Comment on Effects of Acquisition of Cleveland Municipal Electric Sys by Util on Proceedings.Urges Adoption of Findings,Conclusions & License Conditions Proposed by City.Certificate of Svc Encl

ML19326A981
Person / Time
Site:	Davis Besse, Perry
Issue date:	09/28/1976
From:	Campanella V, Goldberg R, Hjelmfelt D CLEVELAND, OH, GOLDBERG, FIELDMAN & HJELMFELT
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19326A979	List: ML19326A981 ML19326A983 ML19326A991
References
NUDOCS 8003050914
Download: ML19326A981 (7)

Text

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co 7 Os cC[,'t UNITED STATES OF AMERICA '

gh I NUCLEAR REGULATORY COMMISSION g g,*

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Before the Atomic Safety and Licensing Board g

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g LT IS In the Matter of ) /-

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The Toledo Edison Company, and ) Docket No@ Wp The Cleveland Electric Illuminating ) 50-500A Company ) 50-501A (Davis-Besse Nuclear Power Station,)

Units 1, 2 and 3) )

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

Units 1 and 2) )

REPLY OF CITY OF CLEVELAND TO BOARD ORDER OF  !

SEPTEMBER 20, 1976 l

By its Order of September 20, 1976, the Board directed the parties to file comments regarding the effect, if any, of the proposed acquisition of the Cleveland municipal electric system by CEI on the proposed findings of fact and conclusions of law filed by the parties in these proceedings.

The administration of the City and the management of CEI have apparently reached an agreement in principle with respect to the sale of the City's municipal l

l clectric system. According to the Memorandum of Understanding executed by CEI and the City the agreement must be approved by the Board of Directors of CEI not later than October 8,1976, and by tite City Council not later than November 30, 1976. The date of closing is set for January 10, 1977, in R003050 ffy

-2 accordance with the 40-day period ' citizens to force a referendum on the

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sale through the initiative process fcIP cing approval by the City Council.1/

Such a sale must be approvec' ' City Council. As of this date no legislation (which normally requires public hearings and three City Council meetings) has been introduced.

Both CEI and the City have recognized the possibility that the sale might not be consummated. Therefore, they have agreed that all matters sub judice should be pursued as though there were no agreement in principle.

If, for some reason, the proposed sale is not consummated, the City's need and desire for access to. nuclear generation on fair and reasonable terms, including access to the full range of coordinated operation and develop-ment, would be as great or even greater than it has been in the past.

As Mayor Perk pointed out in the newspaper report, EPA orders and restrictions are making the City take a second look at the electrical system.

Confronted with the lack of access to alternate bulk power supplies and therefore faced with continuing operating deficits, sale of the City's electric system now appears to be one solution. As for the sale, it speaks for

- itself.

The City's proposed findings of fact and conclusions of law are fully supported by the *:ecord. in th'is case and the law applicable thereto. The record has now been closed and all parties are awaiting a decision. Nothing in the proposed sale, negotiated in the context of settlement of the City's pending antitrust action against CEI in the United States District Court for

.l./ These dates may be extended by mutual agreement.

l the Northern District of Ohio, derogates from the record support for the City's proposed findings. Prompt resolution of the issues in these proceed-ings remains in the interest of all parties and the general public. The principles of this case as discussed during eight months of trial and hun-dreds of thousands of dollars of expense to rue City remain the same.

Wherefore, the City urges the Board to adopt the City's proposed findings of fact and conclusions of law and to adopt the license conditions proposed by the City.

Respectfully submitted,

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'*l krL NfGr /k*p d C.

Reub'en Goldbe

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David C. Hjelmfelt Goldberg, Fieldman & Hjelmfelt 1700 Pennsylvania Avenue, N. W.

Washington, ' D. C. 20006 Telephone (202) 659-2333 Vincent C. Campanella, Director of Law Robert D. Hart, First Assistant Director of Law 213 City Hall Cleveland, Ohio 44114 Telephone (216) 694-2737 Attorneys for City of Cleveland, Ohio Septembe r 28, 1976 ~

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CERTIFICATE OF SERVICE I hereby certify that service of the foregoing " Reply of City of '

Cleveland to Board Order of September 20, 1976" has been made on the following parties listed on the attachment hereto this 28th day of September, 1976, by depositing copies thereof in the United States mail, first class a

postage prepaid.

David C/fIjelmfft Attachment .

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y o*j** h. p ATTACllM ENT to Dougla s V. Rigler, Esq. Chairman Christopher R. Schraff, Esq.

Atomic Safety and Licensing Board Assistant Attorncy Ccncral Folcy, f.ardner, IIollabaugh and Jacobs Environmental Law Section 815 Connecticut Avenue, N. W. 361 East Broad Street, 8th floor Washington, D. C. 20006 Columbus, Ohio 43215 Alan S. Rosenthal, Cha'i~rman Ivan W. Smith Esq.

Atomic Safety and Licensing Appeal Board Jolm M. Frysiak, Esq.

U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D. C. 20555 U.S. Nuc1 car Regulatory Commission Washington, D. C. 20555 Richard S. Salzman Jerome E. Sharfman Andrew C. Goodhope, Esq.

,. Atomic Safety and Licensing Appeal Board 3320 Estelle Terrace U.S. Nuclear Regulatory Commission Wheaton, Maryland 20906 Washington, D. C. 20555 Robert M. Lazo, Esq. , Cl$ airman Howard K. Shapar, Esq. Atomic Safety and Licensing Board Panel Executive Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D, C. 20555 Wa shington, D. C. 20555 Mr. Frank W. Karas, Chief Danici M. Head, Esq. , Member Public Proceedings Branch Atomic Safety and Licensing Board Panel U. S. Nuc1ca r Regulatory Commission Office of the Secretary Wa shington, D. C. 20555 U.S. Nuc1 car Regulatory Commission Washington, D. C. 20555 Atomic Safety and Licensing Appeal Board Panel Abraham Braitman, Esq. U. S. Nuclear Regulatory Commission Office of Antitrust and indemnity . Washington, D. C. 20555 U. S. Nuclear Regulatory Conuniscion Wa.shington, D. C. 20555 Joseph Rutherg, Esq.

Jack R. Goldberg, Esq.

Frank R. Clokey, Esq. Office of the Executive Legal Director Special Assistant Attorney General . U. S. Nuc1 car Regulatory Commission Townc IIouse Apartments, Room 219 Washington, D. C. 20555 Tia crisburg, Pennsylvania 17105 1'dwa rd A. Matto, Esq.

Benjamin II. Vogler, Esq.

Assistant Attorney General Roy P. Les sy, Jr. , E sq.

Chief, Antitrust Section Office of the General Counsel Regulation 30 East Broad Street, 15th floor Columbus, Ohio 43215 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 6

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ATTACIIM ENT (continued)

Melvin G. Berger, Esq. David McNeill Olds, Esq.

Joseph J. Saunders, Esq. William S. Lerach, Esq.

Steven M. Charno, Esq. Reed, Smith, Shaw & McClay David A. Leckie, Esq. Post Office Box 2009 Janet R. Urban, Esq. Pittsburgh, . Pennsylvania 15230 Antitrust Division Department of Justice Terrence H. Benbow, Esq.

Post Office Box 7513 Steven B. Peri, Esq.

Washington, D. C. 20044 Winthrop, Stimson, Putnam & Roberts 40 Wall Street Karen H. Adkins, Esq. New York, New York 10005 Richard M. Firestone, Esq.

Assistant Attorneys General Alan P. Buchmann, Esq.

, Antitrust Section Squire, Sanders & Dempsey 30 East Broad Street, 15th floor 1800 Union Commerce Building Columbus, Ohio 43215 Cleveland, Ohio 44115 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, Her.ry, Hodge & Snyder Akron, Ohio 44308 Post Office Box 2088 Toledo, Ohio 43604 Jo'hn 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 Richa rd A. Miller, Esq. New Castle, Pennsylvania 16103 Vice President and General Counsel The Cleveland Electric Hluminating Co. Donald H. Hauser, Esq.

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

Cleveland, unio 4410'1 The Cleveland Elcetric illuminating Co.

Post Office Box 5000 Gerald Charnoff, Ecq. Cleveland, Ohio 44101 Wm. Bradford Reynolds, Esq.

Robert E. Zahler, Esq. Thomas J. Muns ch, Jr. , Esq.

Jay H. Derstein, Esq. General Attorney Shaw, Pittman, Potts & Trowbridge Duquesne Light Company 1800 M Street, N. W. 435 Sixth Avenue Washington, D. C. 20036 Pittsburgh, Pennuylvania IS219 Atomic Safety and Licensing Board Panel Docketing and Service Section U.S. Nuclear Regulatory Conunission Office of the Secretary Washington, D. C. 20555 U. S. Nuclear Regulatory Commission l Washington, D. C. 20555

3 ATTACIIM ENT (continued)

Joseph A. Ricser, ' Esq.

Rced, Smith, Shaw & McClay 1.150 Connecticut Avenue, N. W.

Washington, D. C. 20036 John C. Engle, Presiden6 AMP-O, Inc.

20 Ifigh Street -

Hamilton, Ohio 45012 Michael R. Gallagher, Esq.

630 Bulkley Building

, 1501 Euclid Cleveland, Ohio 44115 O

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