ML19329C258
| ML19329C258 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 06/27/1975 |
| From: | Reynolds W CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002120972 | |
| Download: ML19329C258 (5) | |
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o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of:
)
THE TOLED0 EDISOfi COMPANY and THE CLEVELAND ELECTRIC ILLUMINATING
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COMPANY Docket Nos. 50-346A (Davis-Besse Nuclear Power Station, 50-440A Unit 1) 50-441A THE CLEVELA!iD ELECTRIC ILLUMINATING COMPANY, ET AL.
(Perry Nuclear Power Plant, Units 1 and 1)
APPLICATION TO THE SPECIAL MASTER FOR RECONSIDERATION OF CEI'S CLAIMS OF PRIVILEGE AS TO DESIGNATED DCCUMEilTS 1.
In a ccnference call with counsel for the parties on June 25, 1975, the Chairman of the Licensing Board ordered that there be a hearing before the Special Master on June 30, 1975, for purposes of providing limited review of the Special Master's report on privilege claims, dated June 19, 1975.
The Chairman statedthat, in light of the parties express agreement on December 6, 1974, to be bound by the Special Master's decision, any reconsideration was to be restricted.to the narrow area of what the respective parties believed to be a clear error of categorization of specific documents, but was not to provide an opportunity for a wholesale assault on the Special Master's report or be a basis for reargument of the fact determinations already made.
2.
In accordance with the Chairman's ruling, Applicants designate the following'few documents as warranting reconsideration:
I 8002120 D M M
4 Part 1 Part 2 Part 3 23 60 2027 31(a) 33 174 32 34 207 48 57 Applicants submit that these documents--which, as the Special Master states, are " reports of events, facts or circumstances which are within the knowledge of the parties" and were " written by or to an attorney" (Master's Report, p. 2)--
were prepared for use by attorneys in this proceeding and, therefore, ccnstitute the work product of the attorneys in this proceeding. As such, we believe they j
are entitled to protection from disclosure under the express terms of Rule 26 (b)(3) of the Federal Rules of Civil Procedure and in accordance with the explicit ' directive in Section 2.740(b)(2) of the Commission's Rules.
3.
With the exception of the above documents, Applicants have made available to counsel attending the depositions in Cleveland, Ohio, copies of the communications' listed in Attachment 4 of the Special Master's report. A second copy of this material will be placed in the Central Depository in
. Washington, D.C., as soon as possible next week.
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l 4.
As to the documents under a claim of privilege asserted by Duquesne Light Company, Applicants will continue to retain possession of this material until the Special Master has had an opportunity to rule on these l
claims.
Respectfully submittel, SHAW, PITTMAN, F0TTS & TROWBRIDGE Byl
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Mn. Bradford Reynolds 5
Gerald Charnoff
_ Dated: June _27, 1975 Counsel for the Applicants
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N UNITED STATES OF AMERICA NUCLEAR REGULATORY-CCMMISSION Before the Atomic Safety and Licensing Board i
In the Matter of:
THE TOLEDO EDISON COMPANY and THE CLEVELAND ELECTRIC ILLUMINATING 4
COMPANY Docket Nos. 50-346A i
(Davis-BesseNuclearPowerStation, 50-440A l
Unit 1) 50-441A
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THE CLEVELAND ELECTRIC ILLUMINATING 1
-(Perry Nuclear Power Plant, Units 1 and 2)
)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Application to the Special Master for Reconsideration of CEI's Claims of Privilege as to Desig-nated Documents" were hand delivered to the Special Master, Frederic J. Coufal, and to those persons listed on the attached Service List who are in the, 2
Washington, D.C., area, and that service on the remaining persons listed on 3
the attached Service List was acccmplished by mailing the same, postage pre-
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i paid, all on this 27th day of June, 1975.
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SHAW, PITTMAN, P0TTS & TROWBRIDGE r%.
q By:-
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2 Wm. Bradford Reyholds
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J Counsel'for the-Applicants E
i Dated:. June 27 1975 4
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COM4ISSION Before the Atomic Safety and Licensino Board In the Matter of:
THE TOLEDO EDIS0:1 COMPANY and
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THE CLEVELAND ELECTRIC ILLUtINATING
)
COMPANY
)
Docket Itos. 50-346A (Davis-Besse fluclear Pcwer Staticn,
)
50-440A Unit 1) 50-441A THE CLEVELAND ELECTRIC ILLUMINATING COMPAllY, ET AL.
(PerryNuclearPowerPlant,
. Units 1 and 2)
SERVICE LIST Douglas V. Rigler, Esq.
Benjamin H. Vogler, Esq.
Chairman, Atcaic Safety and Office of' General Counsel Licensing Board Regulation Foley, Lardner, Hollabaugh U.S. Nuclear Regulatory Nmmission and Jacobs Washington, D.C.
20555 Schanin Building 815 Connecticut Avenue, N.W.
Robert J. Verdisco, Esq.
Washington, D.C.
20006 Office of General Counsel Regulation John H. Brebbia, Esq.
U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board Washington, D.C.
20555 Alston, Miller & Gaines 1776 K Street, N.W.
Roy P. Lessy, Jr., Esq.
Washington, D.C.
20006 Office of General Counsel Regulaticn John M. Frysiak, Esq.
U.S. Nuclear Regulatory Ccmmission Atomic' Safety and Licensing Washington, D.C.
20555 Board Panel U. S. Nuclear Regulatory Commission Joseph J. Saunde.s, Esq..
Washingten, D.C.
20555 Steven M. Charno, Esq.
Antitrust Division Atomic Safety and Licensing Department of Justice Board Panel U.S. Nuclear Regulatory Ccmmissicn Washington, D.C.
20530 Washington, D.C.
20555 Melvin G. Berger, Esq.
Antitrust Divisien Mr. Chase R. Stephens Department of Justice Docketing & Service Section Washington, D.C.
20$30 U.S. Nuclear Regulctory Commission 1717 H Street, N.W.
Reuben Goldberg, Esq.
Washington,.D.C.
20006 David C.*Hjelmfelt, Esq.
1700 Pennsylvania Ave., N.W.
Washington, D.C.
20006 y?. *
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.2-Frank R. Clokey, Esq.
Wal' lace L. Duncan, Esq.
Special Assistant Jon T. Brown, Esq.
Attorney General Duncan, Brown & Palmer Room 219 1700 Pennsylvania Ave., N.W.
Towne House Apartments Washington, D.C.
20006 Harrisburg, Pennsylvania 17105 Edward A. Matto, Esq.
Mr. Raymond Kudukis Assistant Attorney General Director of Utilities Chief, Antitrust Secticn City of Cleveland 30 East Broad Street 1201 Lakeside Avenue 15th Floor Cleveland, Ohio 44114 Columbus, Ohio 43215 Herbert R. Whiting, Director Richard M. Firestone, Esq.
Robert D. Hart, Esq.
Assistant Attorney General Department of Law Antitrust Section 1201 Lakeside Avenue 30 E. Broad Street Cleveland, Ohio 44114 15th Floor Columbus, Ohio 43215 John'C. Engle, President AMP-0, Inc.
Karen H. Adkins Mur.icipal Building Assistant Attorney General 20 High Streat Antitrust Secticn Hamilton, Ohio 45012 30 East Broad Street, lcor Columbus, Ohio 43215 Leslie Henry, Esq.
. Fuller, Henry, Hodge & Snyder ChHstopher R. Schraff, Esq.
300 Madison Avenue Assistant Attorney General Toledo, Ohio 43604 Environmental Law Section 361 East Broad Street Thomas A. Kayuha, Esq.
8th Floor Ohio Edison Company.
Columbus, Ohio 43215 47 North Main Street Akron, Ohio 44308 Donald H. Hauser, Esq General Attorney Thcmas J. Munsch, Esq.
The Cleveland Electric Illuminatin'g Company General Attorney P. O. Box 5000 Duquesne Light Company
' Cleveland, 0hio 435 Sixth Avenue 44101 Pittsburgh, Pennsylvania 15219 Wallace E. Brand, Esq.
David Olds, Esq.
1000 Connecticut Avenue, N'.W.
Suite 1200 Reed, Smith, Shaw & McClay Washington, D.C.
20035 Union Trust Building Box 2009 Pittsburgh, Pennsylvania 15230 John Lansdale, Esq.
Cox, Langford &' Brown
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