ML19326B006

Index Prepared at Disqualification Board Request Re Exhibits Referred to in Argument.Certificate of Svc Encl

ML19326B006
Person / Time
Site:	Davis Besse, Perry
Issue date:	02/09/1976
From:	Gallagher M GALLAGHER, SHARP, FULTON, NORMAN & MOLLISON, SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8003050995
Download: ML19326B006 (6)

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1 UNITED STATES OF AMERICA i

NUCLEAR REGULATORY Com!ISS10g FEB 11 ISZS >  :

o m .e*. w ==s y Before the Atomic Safety and Licensing Board ,

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F' 4 c1 In the Matter of y .

THE TOLEDO EDISON COMPANY and ) Docket Nos. 50-346A -

THE CLEVELAND ELECTRIC ILLUMINATING COMPANY .) 50-500A (Davis-Besse Nuclear Power Station, ) 50-501A Units 1, 2 and 3) .)

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THE CLEVELAND ELECTRIC ILLUMINATING COMPANY, ) Docket Nos. 50-440A

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ET AL. ) 50-441A (Perry Nuclear Power Plant, Units 1 and 2) )

INDEX. PREPARED AT DISQUALIFICATION BOARD.'S REQUEST REFERENCING EXHIBITS REFERRED TO IN ARGUMENT

1. Lansdale's letter to Hauser dated October 27, 1966 and Lansdale's Memorandum to File dated October 26, 1966. These relate to a meeting between Carl White and George Becher of the Little Hoover

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Commission and John Lansdale and John Brueckel of Squire, Sanders &

Dempsey.

A. The aforesaid letter and memorandum are attached to the City's principal briefl and identified as Exhibit E.

B. The exhibit is referred to on pages 8-10 of the Majority Memorandum and pages 6-7 of the Dissenting Memorandum. It is also referred to on p' ages 12-14 of Squire, Sanders & Dempsey's Trial Memorandum.2 _

1Brief in Support of Motion to Disqualidy and. Declare Counsel Ineligible to Further Participate in these Proceedings, filed December 1, 1975.

2 Trial Memorandum of Squire, Sanders & Dempsey at evidentiary hearing before Special Board on Disqualification, hand delivered on February 3, 1976.

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2. Lansdale's letter to llauser dated June 17, 1974 and Brucekel's memorandum to Lansdale dated May 21, 1974. These relate to con-tracting with the City and highlighting MELP. -

A. He aforesaid letter and memorandum are identified as Exhibits A and B respectively and are attached to the Majority Memorandum.

B. The aforesaid letter and memorandum were identified as documents number 6 and 7 of the list of privileged documents referred to .

in Exhibit H. attached to the City's principal brief.

C. These documents were referred to in the Majority Memorandum on pages 16-17, in the Dissenting Memorandum on pages 13-14 and in Squire, Sanders & Dempsey's Trial Memorandum on pages 14-16.

D. The Cleveland Electric Illuminating Company waive'd privilege as to these documents at the request of the Antitrust Board which examined them in camer,a2

3. Lansdale's letter to Besse. d,ated February 18,' 1965 and Gibbon's un-dated memorandum prepared in 1962 re: muriicipal law questions.

A. The aforesaid letter and memorandum are attached to City's principal brief and identified as Exhibit G.

• B. They are referred to in the Majority. Memorandum on pages 10-11 and in Squire, Sanders & Dempsey's Trial Memorandum on pages 16-18.

4. The following documents are attached as exhibits to the affidavits .

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. . i appended to Squire, Sanders & Dempsey's principal brief.3

1. Hollington's letter to O'Loughlin dated July 24, 1972, .

attached to O'Loughlin's affidavit as O'Loughlin Exhibit A. ,

ii. Chadeayne's letter to Hollington dated July 18, 1972, ,

attached to Brueckel's affidavit as Brueckel Exhibit A.

iii. Plain Dealer article dated March 22, 1973 attached to Lansdale's affidavit as Lansdale Exhibit A.

iv. List of litigated cases between City and CEI in which Squire, Canders & Dempsey, without objection, repre-sented CEI and City was represented by its law department and/or other counsel, attached to Lansdale's affidavit.as Lansdale Exhibit B.

5. . Record of Nuclear Regulatory Commission proceedings relevant to dis-quelification.

i. Transcript pages 3230-3231 and 3250 which discuss the Anti-trust Board's in camera examination of the so-called 50 privileged documents (City's principal brief Exhibit H) and any such other documents on stationery of Squire, Sanders

& Dempsey not listed in Exhibit H.

ii. Petition of. City of Cleveland, Ohio to Intervene, docketed July 7, 1971. This document evidences the pending contro-versey before the Nuclear Regulatory Commission prior to ,

3 newer Brief of John Lansdale, Jr. opposing Motion to Disqualify and Declare Counsel Ineligible to Further 'P,articipate in these Pro-ceedings dated December 12, 1975. ,

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Squire, Sanders & Dempsey's employment for the 1972 bond ordinance. Paragraph 6 on page 4 thereof was evidence that the complaint against CEI by the City was filed on May 13, 1971, being docketed as-City of Cleveland vs. Cleveland Electric Illuminating Company

1. E-7631. This document on page 5 thereof demonstrates that the issue of the City's finances was first raised by the City of Cleveland, contrary to the finding in the -

Majority Memorandum, Ground (5), pages 25-26. ,

iii. Statement of the City of Cleveland informing applicants of the nature of the case to be presented filed by the City on September 5, 1971. Specific reference is made to Item 7, page 13, et seq.

+ 6. Exhibits proffered by Squire, Sanders & Dempsey at hearing before Disqualification Board on February 3, 1976. -

Squire, Sanders & Dempsey Exhibit 1: Transcript pages

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3230-3231, 3250. -

1 ii. Squire, Sanders & Dempsey Exhibit 2: Affidavit of Karl H. Rudolph dated Decmeber 3, 1975.

iii. Squire, Sanders and Dempsey Exhibit 3: Affidavit of Daniel J. O'Loughlin dated December 10, 1975.

iv. Squire, Sanders & Dempsey Exhibit 4A: list of publica-a tions of Little Hoover Commission-

v. Squire,_ Sanders & Dempsey Exhibit 4B: Interoffice corres-pondence of Mayor Ralph S. Locher to all department heads dated March 10, 1966.

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vi. Squire, Sanders & Dempsey Exhibit 4C: List of members of Cleveland Little Hoover Commission.

vii. Squire, Sanders & Dempsey Exhibit 4D: List of analysts on Cleveland Little Hoover Commission including G. Goerge Becher and Carl White. ,

viii. Squire, Sanders & Dempsey Exhibit 5: Report of Little Hoover Commission on MELP entitled " Project No.12 -

Division of Light and Power: THE WHITE-BEQlER-PJEVACH REPORT ON LIGHT AND PORER CITY OF CLEVELAND.

Other documents were referred 'to in the narrative portion of Squire, Sanders & Dempsey's proffer that were not given individtial exhibit numbers and will not be identified herein. .

Respectfully submitte ,

1/ Av .d U/s&1 -

Michael it. 6allagher

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630BulkleyBuilMng Cleveland, Ohio 44115 (216) 241-5310 February 9, 1976 O

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t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION h

_Before the Atenic Safety and Licensing Board '

In the Matter of THE TOLEDO EDISON COMPANY and ) Docket Nos. 50-346A THE CLEVELAND ELECTRIC ILLUMINATING COMPANY ) 50-500A (Davis-Besse Nuclear Power Station, )

Units 1, 2 and 3) 50-501A

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THE CLEVELAND ELECTRIC ILLUMINATING COMPAW, )

ET AL. Docket Nos. 50-440A (Perry Nuclear Power Plant, ) 50-441A Units 1 and 2) )

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CERTIFICATE 05' SERVICE I hereby certify that copeis of the INDEX PREPARED AT DIS-QUALIFICATION BOARD'S REQUEST REFERENCING EXHIBITS REFEPJtED TO ARGUMENT, dated February 9,1976 has been served by mailing the original and 20 copiesD.C.

Washington, to the Secretary, 20545, U.S. Nuclear Regulatory Commission, Attention:

and by mailing one copy to each of the persons listed on the attachedChief, Dock Service on List, the 9th dayRegular United of February, States Mail, First Class, postage prepaid 1976. ,

f g F /I 1 ggf Michael R. Galla,gher ,

6 630 Bulkley Building 4 Cleveland, Ohio 44115 2 FEBll 1976 > 1 rd (2161241-5310 k- OAU T #'

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