ML19329C260
| ML19329C260 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 06/16/1975 |
| From: | Lessy R, Vogler B NRC, US ATOMIC ENERGY COMMISSION (AEC) |
| To: | NRC, US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 8002120974 | |
| Download: ML19329C260 (5) | |
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UtlITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMfIISSION In the Matter of
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THE TOLEDO EDIS0:1 COMPANY and
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NRC Docket No. 50-346A THE CLEVELMID ELECTRIC ILLUMINATING )
COMPANY
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(Davis-Besse Nuclear Power Station, )
Unit 1)
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THE CLEVELNID ELECTRIC ILLUMINATING )
NRC Docket Nos. 50-440A 1
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50-441A (Perry Nuclear Power Plant, Units 1 and 2) and THE TOLEDO EDISON COMPN 1Y, NRC Docket ilos. 50-500A ET AL.
50-501A (Davis-Besse Pcwer Station, Units 2 and 3)
MOTI0ft BY URC STAFF TO AUTHORIZE THE ATOMIC SAFETY AND LICENSIfiG BOARD TO CONSIDER NID RULE Off C0flSOLIDATION By Memorandum and Order dated January 21, 1974 E the Atomic Energy Commission (" Commission") designated an Atcmic Safety and Licensing Board I
(" Board") to assume jurisdiction and to rule on the petition of the City of Cleveland for a hearing and for leave to intervene in the above captioned Davis-Besse 1 proceeding. At the same time, the Commissicn denied the petition by American Municipal Power - 0'io, Inc. (AMP-0) for a h
- hearing and intervention in the said Davis-Besse 1 proceeding.
The Commission also directed the Board to rule on all petitions to intervene filed in the above captioned Perry proceeding and to decide y RAI 74-1, pp. 15-18.-
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whether consolidation of that proceeding with the Davis-Besse 1 proceeding would be in order.
Pursuant to that. delegation, the Board, on April 15,1974, ruled as follows: (1) that a hearing was warranted in the Davis-Besse 1 proceeding with the City of Cleveland as sole intervenor; (2) that a hearing as requested by the Department of Justice in its advice letter.f 2
was warranted in the Perry proceeding.
Intervention in the Perry proceeding.
granted to the City of Cleveland and AMP-0.
In addition, i
the State of Chio's petition to participate as a matter of right pursuant to 10 CFR 52.715(c) of the Commission's Rules of Practice was also granted in the Perry proceeding.
By Memorandum and Order dated March 15, 1974, the Board concluded j
that in order "to eliminate waste of time and in order to reduce cost and duplication of effort, the Board agrees [with the parties] that consolidation should be ef'ected" in the Davis-Besse 1 and Perry proceedings.
By Board Order dated July 25, 1974 with respect to the consolidated
. Davis-Besse 1 and Perry proceedings artain issues and matters in controversy were admitted as issues in that consolidated proceeding.
II. DAVIS-BESSE 2 & 3 On April 9,1975, an Atomic Safety' and Licensing Board was established to rule on petitions and/or request for leave to intervene in the Davis-Besse Power Station, Units 2 & 3 proceeding, Docket Nos. 50-500A, 50-501 A.
2] Letter from Hon. Thomas E. Kauper to Howard K. Shapar, Esq. dated December 12, 1972.
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The Order designated the. Board in the Davis-Besse 2 & 3 proceeding with the same membership as the Board presiding over the Perry and i
Davis-Besse 1 proceeding.
By Order dated May 6,1975 the Davis-Besse 2 & 3 Board ruled that an antitrust hearing be held and granted i
l petitions for leave to intervene filed by the City of Cleveland and
'I the State of Ohio (the latter pursuant to 10 CFR 2.715(c)).
By Order dated May 22,1975 and subsequent to a prehearing con-ference in which all the parties participated, the Board in the Davis-l Besse 2 & 3 proceeding adopted as the issues in controversy in that proceeding the identical issues as in the consolidated Perry 1 & 2 and Davis-Besse 1 proceeding. 3/ At that prehearing conference Staff in-
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dicated its intention to request the Commission to consolidate the -
j Davis-Besse 2 & 3 proceeding with the previously consolidated Perry 1 & 2 and Davis-Besse 1 proceeding..
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Accordingly, Staff notes that the Davis-Besse 2 & 3 proceeding
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will address the identical issues, with essentially the same parties participating, and with the same Board membership as in the previously 1
consolidated Perry 1 & 2 and Davis-Besse 1 proceeding. The Applicants 1
for.all of the units are the-same (although the lead Applicant may be
. different) and counsel for each party remains the same in both proceedings.
3/ At the prehearing conference, all parties indicated that they were in ~a position to proceed in the Davis-Besse 2 & 3 proceeding with the Perry 1:& 2 issues, although certain objections to these issues were noted for the -record.
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. It is Staff's p"ition that these factors taken together constitute good cause for consolidation.
Accordingly, pursuant to 10 CFR Section 2.716 of the Comission's Rules of Practice, and in furtherance of the proper dispatch of the Comission's business and the ends of justice, Staff hereby respectfully moves the Commission to direct and authorize the Atomic Safety and
. Licensing Board to decide whe+her consolidation of the Davis-Desse 2 & 3 proceedings with the ongoing Perry 1 & 2 and Davis-Besse 1 proceedings would be in order.
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Inasmuch as the discovery phase of the Perry proceeding is scheduled to be completed by July 1,1975 with an evidentiary hearing to comence on Octcber 23, 1975, Staff also requests that the Commission i
act on lis Motion in advance of the July 1 date, if answers to this i
- Motion have been filed by Applicants, the Depar*"nt of Justice, the City of Cleveland, and the. State of Ohio.
Respectfully submitte, (
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Benfamin H. Vogler
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Assistant Chief Antitrust r
Counsel. for flRC Staff
% ob Roy P. L&ssy, Jr.
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Counsel for fiRC Staff Dated at Bethesda, Maryland this.16th day of June 1975.
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UtlITED STATES OF AMERICA NUCLEAR REGULATORY C0?'MISSIf,
BEFORE THE COMMISSIO;1 In the Matter of
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f THE TOLEDO EDISON COMPANY and THE CLEVELAtlD ELECTRIC ILLUMINATI?iG )
NRC Docket flo. 50-346A COMPAtlY (Davis-Besse fluclear Power Station, Unit 1)
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THE CLEVELAtiD ELECTRIC ILLUMIflATItiG )
l1RC Docket tios. 50-440A COMPAtlY, ET AL.
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50-441A (Perry fluclear Power Plant,
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Units 1 and 2)
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f and THE TOLEDO EDISCN CCMPAtlY,
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t1RC Docket Nos. 50-500A ET AL.
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50-501A (Davis-Besse Pcwer Station,
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Units 2 & 3)
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CERTIFICATE OF SERVICE I hereby certify that copics of MOTI0tl BY tlRC STAFF TO AUTHORIZE THE ATOMIC SAFETY AND LICENSING BOARD TO C0?lSIDER AtlD RULE ON C0'lSOLIDATI0tl, dated June 16, 1975, in the captioned matter, have been served upon the following by deposit in the United States mail, first class or air mail, this 16th day of June 1975:
Douglas V. Rigler, Esq.
fielvin G. Berger, Esq.
Chai nnan P. O. Box 7513 Atomic Safety and Licensino Board Washington, D. C.
20044 Foley, Lardner, Hollabaugh and Jacobs Docketing and Service Section Schanin Building Office of the Secretary 815 Ccnnecticut Avenue N. W.
U.S. Nuclear negulatory Cc=nission Washington, D. C.
20006 Washington, D.C.
20555 John H. Brobbia, Esq.
John Lansdale, Esq.
Atomic Safety and Licensing Board Cox, Langford & Crc'.in Alston, Miller & Gaines 21 Dupont Circle, N.W.
1776 K Street it. W.
Washington, D.C.
20036 Washington, D. C.
20006 Joseph J. Saunders, Esq.
Mr. John M. Frysiak Steven Charno, Esq.
Atomic Safety & Licensing Board Panel Antitrust Division
, U.S. Nuclear Regulatory Commission P. O. Box 7513 Washington, D. C.
20555 Washingten, D.C.
20044 Atomic Safety and Licensing Reuben Goldberg, Esq.
Board Panel David C. Hjelmfelt, Esq.
U.S. Nuclear Regulatory Commission 1700 Pennsylvania Avenue, N.W.
Washington, D.C.
20555 Washington, D. C.
20006
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. Robert D. Hart, Esq.
Edward A. Matto Department of Law Assistant Attorney General 1201 Lakeside Avenue Chief, Antitrust Section Cleveland, Ohio 44114.
30 East Broad Street,15th Floor
. Columbus, Ohio 43215' John C.. Engle, Presi dent AMP-0, Inc.-
George Chuplis Municipal Building Commissioner of Light & Pcwer
- 20 High Street City of Cleveland Hamilton, Ohio 45012 1201 Lakeside Avenue Cleveland, Ohio 44114 Donald H. Hauser, Esq.
i Managing Attorney Deborah Powell' Highsmith
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The Cleveland Electric Assistant Attorney General Illuminating Company Antitrust Section 55 Public fquare -
30 East Broad Street,15th Floor Cleveland, Ohio 44101 Columbus, Ohio 43215 l
Leslie Henry, Esq.
Chris topher R. Schraff, Esq.
Fuller, Henry, Hodge & Snyder Assistant Attorney General 300 Madison Avenue Environmental Law Section Toledo, Ohio-43604 351 East Broad Street, 8th Floor Columbus, Ohio 43215 Thomas A. Kayuha Executive Vice President Mr. Raymond Kudukis, Director Chio Edison Company of Public litilities
- 47. florth Main Street
-City of C;eveland.
Akron,.Chio 44308 1201 Lakeside Avenue Cleveland, Ohio '44114 Thomas J. f tunsch, Esq.
General Attorney Gerald Charnoff, Esq.
Duquesne Light Company Brad Reynolds, Esq.
435 Sixth Avenue Shaw, Pittman, Potts & Trowbridge Pittsburgh, Pennsylvania 15219 910-17th Street, N.W.
4 Washington, D.C.
20006
_ allace L. Duncan, Esq.
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Jon T. Brown, Esq.
Richard M. Firestone Duncan, Brown, Heinberg & Palner Assistant Attorney General 4
1700 Pennsylvania Avenue, N.W.
Antitrust Section Washington,' D.C.
20006 30 E. Broad Street,15th Floor
'%dus, Ohio 43215 David McNeil Olds Reed, Smith, Shaw & McClay 0
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, hy Union Trust Building Pittsburgh, Pennsylvania 15230 o ns o
aff A s st n't torney General Spe a Room 219, Towne House Apartments.
Harrisburg, Pennsylvania 17105 1
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