ML19326B137
| ML19326B137 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 07/02/1976 |
| From: | Lazo R Atomic Safety and Licensing Board Panel |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8003060936 | |
| Download: ML19326B137 (8) | |
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UNITED STATES OF AMERICA N
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NUCLEAR REGULATORY COMMISSION g
g Ni BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
) Docket Nos. 50-346A THE TOLEDO EDISON COMPANY and
)
50-500A THE= CLEVELAND ELECTRIC ILLUMINATING
)
50-501A COMPANY
)
(Davis-Besse Nuclear Power Station,
)
Units 1, 2 & 3)
)
) Docket Nos. 50-440A THE CLEVELAND ELECTRIC ILLUMINATING
)
50-441A COMPANY, et al.
)
(Perry Nuclear Power Plant,
)
(Special Board)
Units 1 and 2)
PREHEARING CONFERENCE ORDER (July 2, 1976)
The matter having come before this Special Atomic Safety and Licensing Board (Special Board) at a prehearing conference held, pursuant to prior notice, in Silver Spring, Maryland on June 28, 1976, and counsel for all parties having been present, the following actions were taken:
The Special Board raised the issue of participation in this proceeding by the NRC Staff and other parties not directly involved in the controversy concerning suspension under 10 C.F.R. 62.713.
The Staff took the position that it had the right to participate actively and an obligation to advise the Board in whatever way it can to assure that the record is complete.
Counsel for the Applicants stated 8003 060 73 $
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. that his participation would be minimal and confined to assuring tL.c his clients' interests would be fully protected.
The City of Cleveland accepted these positions but counsel for Squire, Sanders and Dempsey (SS&D) objected to participation by the Staff because of the adverse position taken by the Staff at a ' prior stage of this proceeding when the suspension matter was before the Appeal Board.
With regard to Applicants' position this Board considers their participation as outlined by counsel, to be reasonable.
There can be no quarrel with both the obligation and the right of parties to the ongoing antitrust proceeding to have counsel participate in this special proceeding to the extent that it is necessary to protect their interests.
The Board agrees that the need for such participation, would appear to be minimal.
On the other hand, a more difficult issue is raised concerning participation by the Staff which is not a party either seeking or opposing suspension of counsel.
In the Board's view, the Staff should be permitted to participate because of its duty to protect the public interest in the Commis-sion's licensing proceedings.
Regarding the extent of such participation, we note that the Appeal Board at page 29 of its June 11, 1976-Decision (ALAB-332) has held that in a proceed-ing under Section 2.713(c), an attorney "is entitled to a full evidentiary hearing with all parties having the right
. to present evidence and conduct c ross-e::a minat ion. "
(Emphasis added)
This Board would expect however, in light of the restricted nature of the suspension controversy, that the Staff would be sparing in its participation, limiting itself to examination only in areas that are general in nature.
Given the circumstances of this case, it also would appear that Staff participation should be kept to a minimum.
The controversy lies only between the City of Cleveland and the SS&D firm, and the public interest is best served by an expeditious disposition of that controversy.
Also considered at the prehearing conference was an application for a subpoena duces tecum directing the production of certain files of the SS&D firm which the City of Cleveland asserts to be necessary for the taking of testimony by deposi-tion on oral examination of Mr. David J. O'Loughlin, a partner of the law firm.
At the request of counsel for SS&D, it was agreed that the subpoena should be considered as issued and that counsel for SSkD and counsel for Applicants each be given until July 6, 1976, to file a motion to quash the l
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. duces tecum feature of the subpoena.
The Board also directed that answers, if any, by the Staff and the City of Cleveland be filed on or before July 12, 1976.
It is so ORDERED..
FOR THE ATOMIC SAFETY AND LICENSING BOARD ESTABLISHED FOR A SPECIAL PROCEEDING 70NCERNING 10 C.F.R.52.713 M.
Robebt M. Lazo O
Chairman Issued at Bethesda, Maryland this 2nd day of July, 1976.
2
e UNITED STATES OF A1: ERICA NUCLEAR REGULATORY COMMISSION In the !!atter of
)
)
THE TOLEDO EDISON COMPANY, ET AL.)
Docket No.(s) 50-346A CLEVEL's::D ELECTRIC ILLt"IINATING )
50-44 0A COMPANY
)
50-441A
)
50-500A (Davis-Besse Nuclear Power
)
50-501A Station,' Unit No. 1; Perry
)
Nuclear Power Plant, Units 1&2))
CERTTFTCATE Or SERYTCE I hereby certify _that I have this day served the foregoing document (s) upon cach person designated on the official service list corapiled by the Office of the Secretary of the Commission in this proceeding in 2-accordance uith the requirements of Section 2.712 of 10 CFR Part Rules of Practice, of the Nuclear Regulatory Commission':- Rules and Regulations.
Dated at Washington,.D.C. this
/( tt day of h b y 197 b.
/
/
Sr.'ll/MNic jacti Offied df/the Secretary of the sormission 0
9
b UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
)
Docket Nos. 50-346A (Davis-Besse, Units 1, 2 and 3))
50-440A
)
50 -441 A CLEVELAND ELECTRIC ILLUMINATING) 50-500A CO., ET AL.
)
50-501A (Perry, Units 1 and 2)
)
)
SERVICE LIST Robert M. Lazo, Esq., Chairman Donald H.Hauser, Esq.
Atomic Safety and Licensing Board Victor F. Greenslade, Jr., Esq.
U. S. Nuclear Regulatory Commission Cleveland Electric Illuminating Washington, D. C.
20555 Company P. O. Box 5000 Andrew C. Goodhope, Esq.
3320 Estelle Terrace Joseph J. Saunders, Esq., Chief Wheaton, Maryland 20906 Public Counsel and Legislative Section Daniel M. Head, Esq.
Antitrust Division Atomic Safety and Licensing Board U. S. Department of Justice U. S. Nuclear Regulatory Commission Washington, D. C.
20530
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Washington, D. C.
20555 Gerald Charnoff, Esq.
Joseph Rutberg, Esq.
Shaw, Pittman, Potts, Trowbridge
, Antitrust Counsel and Madden Counsel for NRC Staff 910 - 17th Street, N. W.
U. S. Nuclear Regulatory Commission Washington, D. C.
20006 Washington, D. C.
20555 Lee C. Howley, Esq., Vice President i
Chief and General Counsel Office of Antitrust & Indemnity Cleveland Electric Illuminating Office of Nuclear Reactor Commission Company i
Washington, D. C.
20555 P. O. Box 5000 Cleveland, Ohio 44101 Benjamin H. Vogler, Esq.
Roy P.-Lessy, Jr., Esq.
David C. Hjelmfelt, Esq.
Antitrust Counsel Michael Oldak, Esq.
Counsel for NRC St..ff 1700 Pennsylvania Avenue, N. W.
U. S. Nuclear Regulatory Commission Washington, D. C.
20006
. Washington, D. C.
20555 e
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Paga 2" 50-346A,' -440A, 441A, at al.
Reuben'Goldberg, Esq.
Leslie' Henry, Esq.
Arnold Fieldman, Esq.
W. Snyder, Esq.
1700 Pennsylvania Avenue, N. W.
Fuller, Henry, Hodge & Snyder Washington, D. C.
20006-300 Madison Avenue Toledo, Ohio 43604 Steven M. Charno, Esq.
Melvin G. Berger, Esq.
Mr. George B. Crosby Antitrust Division Director of Utilities
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i U. S. Department of Justice Piqua, Ohio 45350 Washington, D. C.
20530 William M. Lewis, Jr.
Honorable Thomas E. Kauper
-W.M. Lewis & Associates Assistant Attorney General P. O. Box 1383 Antitrust Division Portsmouth, Ohio 45662 U. S. Department of Justice Washington, D. C.
20530 Robert D. Hart, Esq.
First Assistant Law Director Mr. John C. Engle, President 213 City Hall AMP-0, Inc.
Cleveland, Ohio 44114 Municipal Building 20 High Street Anthony J. Aiuvalasit, Jr., Esq.
Hamilton, Ohio 45012 Antitrust Division Department of Justice Honorable Richard M.'Firestone P. O. Box 7513 Honorable Edward A. Matto Washington, D. C.
20044 Assistant Attorneys General Antitrust Section Susan B. Cyphert, Esq.
30 East Broad Street, 15th F1.
Antitrust Division Columbus, Ohio 43215 Department of Justice 2140 East Ninth Street Honorable William J. Brown Cleveland, Ohio 44199 Attorney General State of Ohio David M. Olds, Esq.
Columbus, 0hio 43215 William S. Lerach, Esq.
Reed, Smith, Shaw and McClay Honorable Deborah P. Highsmith.
P. O. Box 2009 Assistant Attorney General Pittsburgh, Pennsylvania 15230 Antitrust Section 30 East Broad Screet,~15th F1.
Thomas A. Kayuha, Esq.
Columbus, Ohio 43215 47 North Main Street Akron, Ohio 44308 Duncan, Brown, Weinberg & Palmer 1700 Pennsylvania Avenue, N. W.
Joseph A. Rieser, Jr., Esq.
Suite 777 Lee A. Rau, Esq.
Washington, D. C.
20006 Reed, Smith, Shaw and McClay Madison Building, Suite 404 John Lansdale, Jr., Esq.
Washington, D. C.
20005 Cox, Langford & Brown 21 Dupong Circle N. W.
Terence H. Benbow, Esq.
Washington, D. C.
20036 A. Edward Grashof, Esq.
1 Winthrop, Stimson, Putnam and. Roberts 40 Wall Street New York, New York 10005 f
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p 50-346A, -440A, - 441A, et al.
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JJanet R. Urban, Esq.
Antitrust Division Department of Justice Washington, D. C.
20530 Michael R. Gallagher, Esq.
Gallagher, Sharp, - Fulton, Norman and Mollison 630 Bulk 1cy Building Cleveland. Ohio-44115 Perry Public Library 3753 Main Street Perry, Ohio 44081 Director Ida Rupp Public Library 301 Madison Street Port Clinton, Ohio 43452 I
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