ML19329C280

Affidavit Re Motion to Strike Dh Hauser 750523 Affidavit. Certificate of Svc Encl

ML19329C280
Person / Time
Site:	Davis Besse, Perry
Issue date:	06/10/1975
From:	Hauser D CLEVELAND ELECTRIC ILLUMINATING CO.
To:
Shared Package
ML19329C274	List: ML19329C272 ML19329C280
References
NUDOCS 8002120990
Download: ML19329C280 (6)

Text

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UNITED STATES OF AMERICA h NUCLEAR REGULATORY COMMISSION BeforetheAhmicSafetyandLicensingBeard N

tr In the Matter of:

THE TOLECO EDISON COMPANY and )

THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY Docket Nos. 50-346A (Davis-BesseNuclearPowerStation, 50-440A Unit 1) 50-441A THE CLEVELAND ELECTRIC ILLUMINATING COMPANY, ET AL.

(PerryNuclearPowerPlant, Units 1 and 2)

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AFFIDAVIT OF DONALD H. HAUSER, CORPORATE SOLICITOR, ..

THE CLEVELAND ELECTRIC ILLUMINATING COMPANY, TO PROVIDE THE FACTUAL RESPONSE TO MOTION TO STRIKE AFFIDAVIT OF DONALD H. HAUSER OF MAY 23, 1975, FILED BY THE CITY OF CLEVELAND, OHIO STATE OF OHIO )

) SS.

COUNTY OF CUYAH0GA )

I, DONALD H. HAUSER, being first duly sworn on oath, depose and state the following:

1. I reaffirm the statement made on Page 1 in the Answer of The Cleveland Electric Illuminating Company to Interregatories of The Department of Justice Relating to Claims of Attorney-Client Privilege and Work Product Exclusion:

"In preparing these responses, the material referenced in the attached pages which are made a part of this Answer was reviewed by CEI's counsel in Cleveland, Ohio, Messrs. Brzytwa and Read, by CEI's counsel in Washington, D.C. ,Mr. Reynolds of Shaw, Pittman, Potts and Trowbridge, and by Messrs. Greenslade and Smith of CEI's legal staff."

8002120970

2. I reaffirm the statement made on Page 2 of my Affidavit to Provide the Factual Response to the Reply Memorandum of the Department of Justice on Applicant's Claims of Privilege dated May 22, 1975:

"The statements made hereafter with respect to a document or document:: are made after I have personally reviewed each document."

3. I reaffirm the statements made in Paragraphs 1 and 2 of my Affidavit dated May 22, 1975:

"I am presently Corporate Solicitor of The Cleveland Electric Illuminating Company ("CEI"). Among my responsibilities are the directing activities of legal r.taff of CEI and outside counsel retained by CEI, providing legal counseling and legal, advice to corporate officers, managers, and employees, and ..

directing the handling of litigation in municipal, state, and federal courts, and administrative agencies, and various other governmental bodies and authorities, and representing and advising CEI with regard to the legal aspects of matters and activities involving CEI, its officers, managers, and employees."

"As Corporate Solicitor, I am responsible for the documents to which CEI has claimed the attorney-client privilege in these proceedings, or the dncuments which CEI has claimed come under the work product rule.:

4. . Stated very simply, all of the documents in question came into existence since 1965; almost all of them were prepared pursuant to my perscnal direction, request, assignment, etc.; all others were provided to me in connection with my obligations to carry out the above responsibilities; I have had personal knowledge of their authors and distributees from the beginning of their existence, and they have at all times been in my personal custody and control. Some of these documents were prepared by me, personally. Since the material in question came only frcm my working files 1], it should be obvious

)] See Attachment to Occomber 16, 1974, filing by Applicants entitled " Applicants' Reply to Motions of The AEC Regulatory Staff, The Copartment of Justice, and The City of Cleveland to Produce Occuments in Washington, D.C., and to Submit Additional Information in Response ,to Interrogatories" ,

3-and not required to be stated that I was a distributee of each document. It ,

has already been made a mattar of record on numerous occasions in this pro-coeding that the subject matter of these documents and their use have had my personal attention from 1965 to date. Messrs. Brzytwa, Read, Greenslade, and Smith did not have the personal knowledge of the documents in question that I have of them when they reviewed the documents and prepared the Answers to Interrogatories because other matters required my attention, but I did generally review the compiled information.

5. Further I reaffirm all of the other statements made in my

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Affidavit of May 22, 1975, as modified in the last paragraph of my cover..

letter of May 23,1975.

Further Affiant Sayeth Not:

Cwu  ?

DONALD H. HAUSER, Corporate Solicitor Subscribed and sworn to before me this /O M day of 44 eW ,

1975.

Lwa ew Notary Puolic JUDITH A. COLL Motary Puble For cuyahega County, Cha,

'4y Cemia.ssa Expres feb.13,1919, l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of: -

THE TOLED0 EDISCN COMPANY and THE CLEVELAND ELECTRIC ILLUMINATING COMPANY Docket Nos. 50-346A (Davis-Besse Nuclear Power Station, ) .50-440A Unit 1) 50-441A THE CLEVELAND ELECTRIC ILLUMINATIPG )

COMPANY, ET AL.,

(PerryNuclearPowerPlant, Units 1 and 2)

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CERTIFICATE OF SERVICE I hereby certify that copie: of the foregoing " Reply to The City of leveland's Motion to Strike The Affidavit of Donald H. Hauser", together with the Affidavit attached thereto, were served on the persens on the attached Service List, by hand delivering a copy of the same to each person located in the Washington, D.C. area, and by mailing a copy of the same to all others, postage prepaid, all on this 10th day of June,'1975.

O. ~S \ _t L WM. BRADFORD REYNOLDS t Counsel for The Applicants Dated: June 10, 1975

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UNITED STATES OF AMERICA NUCLEAR REGULAT0r(Y COMMISSION Before the Atomic Safety and Licensing Board v

- In the Matter of: ,

THE TOLECO EDISON COMPANY and THE CLEVELAND. ELECTRIC ILLUMINATING COMPANY Docket Nos. 50-346A (Davir " esse Nuclear Power Station, )' 50-440A Unit 1) 50-441A THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL.

(PerryNuclearPowerPlant, Units 1 and 2)

SERVICE LIST Douglas V. Rigler, Esq. -

Benjamin H. Vogler, Esq.

Chairman, Atomic Safety and Office of General Counsel Licensing Board Regulation 4 F i y, Lardner, Hollabaugh U.S. Nuclear Regulatory Ccmission 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 Commission i Atcaic 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 Regulation John M.'Frysiak, Esq. U.S. Nuclear Regulatory Ccmission Atomic' Safety and Licensing Washington, D.C. 20555 Board Panel U. S. Nuclear Regulatory Comission Joseph J. Saunders, Esq.

Washington, D.C. '20555 Steven M. Charno, Esq.

Antitrust Division Atomic Safety and Licensing Department of Justice Board Panel ' Washington, D.C. 20530

U.S. Nuclear Regulatory Commissicn Washington, D.C. 20555 Melvin G. Berger, Esq.

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-Antitrust Division Mr. Chase R. Stephens Department of Justice Docketing & Service Section Washington, D.C. 20530 '

U.S. Nucitar Regulatory Comission - '

1717 H Strcot, N.W.

Reuben Goldberg, Esq.

Washington, D.C. 20006 David C. Hjelmfelt, Esq.

1700 Pennsylvania Ave., N.W.

Washington, D.C. 20006

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'_ . r 2-Frank R. Clokey, Esq. Wallace L. Duncan, Esq.

Special Assistant Jon T. Brown, Esq.

Attorney General Duncan, Brown & Palmer Room 219 1700 Pennsylvania Ave., N.W.

Towne House Apartirants Washington, D.C. 20006 Harrisburg, Pennsylvania 17105 Edward A. Matto, Esq.

Mr. Raymond Kudukis Assistant Attorney General Director of Utilities Chief, Antitrust Section 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 Municipal Building Assistant Attorney Gerral 20 High Street Antitrust Section Hamilton, Ohio 45012 30 East Broad Street, '.Sth Floor Columbus, Ohio 43215 Leslie Henry, Esq.

Fuller, Henry, Hodge & Snyder Christopher R. Schraff, E:;q.

300 !;adison 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 Gerald Charnoff, Esq.

Wm. Bradford Reyncids, Esq.

Thomas J. Munsch, Esq. Shaw, Pittman, Potts & Trowbridge General Attorney 910 Seventeenth Street, N.W.

Duquesne Light Company Washington, D.C. 20006 435 Sixth Avenue Pittsburgh, Pennsylvania 15219 Wallace E. Brand, Esq.

1000 Connecticut Avenue, N'.W.

David Olds, Esq. Suite 1200 Reed, Smith, Shaw & McClay Washington, D.C. 20036 Union Trust Building Box 2009 Pittsburgh, Pennsylvania 15230 John Lansdale, Esq.

Cox, Langford & Brown 21 Dupont Circle, N.W.

Washington, D.C. 20036

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