ML19329C432
| ML19329C432 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 07/15/1975 |
| From: | Reynolds W CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002130795 | |
| Download: ML19329C432 (6) | |
Text
.
~
July 15, 1975 UNITED STATES OF M4 ERICA NUCLEAR' REGULATORY COMMISSION l
Before The Atomic Safety and Licensing Board In the Matter of
.)
)
THE TOLEDO EDISON COMPANY and
)
THE CLEVELAND ELECTRIC
)
ILLUMINATING COMPANY
)
)
(Davis-Besse Nuclear Power
)
Docket Nos. 50-346A Station, Unit 1)
)
50-440A
)
50-441A THE CLEVELAND ELECTRIC
)
ILLUMINATING COMPANY, ET AL. )
)
(Perry Nucl 3,ar Power Plant,
)
Units 1 and 2)
)
APPLICANTS' REPLY TO MOTION OF NRC STAFF TO STRIKE APPLICANTS' PROPOSED LICENSE CONDITIONS l.
On July 11, 1975, the Staff of the Nuclear Regulatory Commission ("NRC") moved to strike from the record the proposed license conditions to which Applicants have agreed to commit, as reflected in the motion of March 14, 1975, entitled " Applicants' Proposal For Expediting the Antitrust Hearing Process." Applicants submit that there is no legal basis for the NRC Staff's motion and urge that it be denied.
2.
The. sole reason given by the NRC Staff to support its motion is that "[p]ermitting these license conditions to remain on the record as ' policies observed' [by Applicants]
deprives the other parties of an opportunity to properly test that assertion" (Motion, p.2).
This position is unsound.
"""2 130 QJS D __
.~. -
-2:
Whether or' not this Licensing Board strikes Applicants' proposed license conditions of March 14, 1975,-pursuant to a motion by the NRC Staff, it is still an undeniable fact that Applicants have offered these conditions and have expressly agreed that these conditions will not be withdrawn.
Thus, to the extent that the conditions in question bear on the matter of "...Appli-
- cants' policy-or policies with respect to providing access to their nuclear facility to other electric entities in the CCCT...",
as encompassed in the Licensing Board's Matter in Controversy No.
-10 (Prehearing Conference Order No. 2), they will continue to have the same impact on that issue irrespective of the Board's-
- ruling on the present motion.
3.
It is ridiculous for the NRC Staff to suggest that it will be. deprived of an opportunity "to properly test" Applicants'
^
1 policy statements with regard.to the access question if its mo-tion to. strike is denied.
Plainly, Applicants will be subject 2
to cross-examination at the hearing on matters relating to their respective 1 positions on granting other electric entities some form of participation in the designated nuclear facilities.
The proposed license conditions to which Applicants have already i
committed in their March 14, 1975 filing go to framing that issue.
Obviously, that framework will not be altered by a ruling of this Board striking the earlier pleading.
Applicants' position in this regardfis already a matter of record.
If NRC l
4 s
s 4
af y-e, -
m e
44m ewe--
-,r9-
+-
~
~
,,m wishes to' test that position, it will have full. opportunity to do so at the' hearing.
4.
For the foregoing reasons, the motion to strike is not well taken'and should be denied by the Licensing Board.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By:
. b ~IS,
\\
, __Lt_,
Wm. Bradford Reynolds.\\
Gerald Charnoff Counsel'for Applicants Dated:
July 15, 1975 i
i
July 15, 1975 UNITED STATES OF AMERICA NUCLEAR ^ REGULATORY COMMISSION Before The Atomic Safety and Licensing Board In the Matter of
)
)
THE TOLEDO EDISON COMPANY and
)
THE CLEVELAND ELECTRIC
)
ILLUMINATING COMPANY
)
)
(Davis-Besse' Nuclear Power
)
Docket Nos. 50-346A Station, Unit 1)
)
50-440A
)
50-441A THE CLEVELAND ELECTRIC
)
ILLUMINATING COMPANY, ET AL. )
)
(Perry Nucla.ar Power Plant,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Applicants '
Reply To Motion of NRC Staff To Strike Applicants' Proposed License Conditions" were served on the persons named in the attached Service List, by hand delivering the same to all those located in the Washington, D.C. area, and by mailing the same, postage prepaid, to all others, all on this 15th day of July, 1975.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By:-b S
mi
~
Wm. Bradford Reynolds
\\
Counsel for Applicants h
Y
e.
+
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
THE TOLEDO EDISON COMPANY and
)
THE CLEVELAND ELECTRIC ILLUMINATING
)
COMPANY
)
(Davis-Besse Nuclear Power Station,
)
Docket Nos. 50-346A Unit 1)
)
50,-440A
)
50-441A THE CLEVELAND ELECTRIC ILLUMINATING
)
)
(Perry Nuclear Power Plant,-
)
Units 1 and 2)
)
SERVICE LIST Douglas V. Rigler,'Esq.
Mr. Chase R.
Stephens Chairman, Atomic Safety and Docketing & Service Section Licensing Board Office of the Secretary Foley, Lardner, Hollabaugh U.
S.
Nuclear Regulatory Commission and Jacobs 1717 H Street, N.W.
Chanin Building - Suite 206 Washington, D.
C.
20006 815 Connecticut Avenue, N.W.
Washington, D. C.
20006 Benjamin H. Vogler, Esq.
O'ffice of the Executive Legal John H.
Brebbia,' Esq.
Director Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commissior Alston, Miller & Gaines Washington, D. C.
20555 1800 M Street, N.W.
Suite 1000 Washington, D.
C.
20036 Robert J.
Verdisco, Esq.
Office of the Executive Legal John M.
Frysiak, Esq.
Director Atomic Safety and Licensing U.
S. Nuclear Regulatory Commissic Board Panel Washington, D.
C.
20555 U.-S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Roy P. Lessy, Jr., Esq.
Office of the Executive Legal Atomic Safety and Licensing Director Boa'd Panel t
U.
S.
Nuclear Regulatory Commissior.
r U. S. Nuclear Regulatory Commission Washington, D.
C.
20555 Washington, D. C.
20555 6
p
. s
~
~ Joseph J. Saunders,-Esq.
Donald H.
Hauser, Esq.
Steven.M. Charno, Esq.
Gen _eral Attorney Antitrust Division The Cleveland Electric Department.of Justice Illuminating Company Washington, D. C.
20530 55 Public Square Cleveland, Ohio 44101
~
Melvin G. Berger, E'sq.
Anthony G. Aiuvalasit, Esq.
Leslie Henry, Esq.
Antitrust Division Fuller, Henry, Hodge & Snyder 300 Madison Avenue Department of Justice Washington, D.
C.
20530 Toledo, Ohio 43604 Thomas A.
Kayuha, Esq.
Reuben Goldberg, Esc.
David C. Hjelmfelt, ~
. Ohio Edison Company Esq.
Goldberg, Fieldman & Hjelmfelt 47 North 1;1ain Street Akron, Ohio 44308 1700 Pennsylvania Ave., N.W.
Washington, D. C.
20006 Thomas J. Munsch, Esq.
General Attorney Wallace E.
Brand, Esq.
Duquesne Light Company Pearce & Brand 435 Sixth Avenue Suite 1200 Pittsburgh, Pennsylvania 15219 1000 Connecticut Ave., N.W.
Washington, D. C.
20036 David Olds, Esq.
Reed Smith Shaw & McClav
^
Wallace L. Duncan, Esq.
Union Trust Building l
Jon T.
Brown, Esq.
Box 2009 Duncan, Brown &; Palmer Pittsburgh, Pennsylvania 15230 1700 Pennsylvania Ave., N.W.
Washington,,D. C.
20006 John Lansdale, Esq.
Cox, Langford & Brown Frank R. Clokey, Esq.
21 Dupont Circle, N.W.
Special Assistant Washington, D.
C.
20036 Attorney General Room 219 Edward A.
Matto, Esq.
Towne House Apartments Assistant Attorney General Harrisburg, Pennsylvania 17105 Chief, Antitrust Section 30 E.
Broad Street, 15th Floor Mr. Raymond Kudukis Columbus, Ohio 43215 Director of Public Utilities City of Cleveland Richard M.
Firestone, Esq.
1201 Lakeside Avenue Assistant Attorney General Cleveland, Ohio 44114 Antitrust Section 30 E.
Broad Street, 15th Floor Herbert-R. Whiting, Director Columbus, Ohio 43215 Robert D.
Hart, Esq.
Karen H. Akdins, Esq.
Department of Law Assistant Attorney Goncral 1201 Lakesdie Avenue t
Antitrust Section Cleveland, Ohio 44114 30 E.
Broad Street, 15th Floor John C. Engle, President-Columbus, Ohio 43215
' AMP-0, Inc.
Chry. topher R.
Schraff, Esq.
s Municipal Building'
. Assistant Attorney General 20 High Strcot Environmental. Law Section Hamilton, Ohio 45012, 361 E.
Broad'Strcet, 8th Floor Columbus, Ohio 43215 l
.