ML19329C433
| ML19329C433 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 07/11/1975 |
| From: | Lessy R, Vogler B NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002130796 | |
| Download: ML19329C433 (5) | |
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UNITED STATES OF AMERICA E
NUCLEAR REGULATORY COMMISSION
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"u S > z BEFORE___THE ATOMIC SAFETY AND LICENSING BOARD '5\\
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u In the Matter of
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THE TOLED0 EDISON COMPANY and
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NRC Docket Na 50-346A.
THE CLEVELAND ELECTRIC ILLUMINATING )
COMPANY
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(Davis-Besse Nuclear Power Station,
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Unit 1)
THE CLEVELAND ELECTRIC ILLUMINATING )
NRC Docket Nos. 50-440A COMPANY, ET AL.
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50-441A (Perry Nuclear Power Plant,
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Units 1 and 2)
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MOTION BY NRC STAFF TO STRIKE APPLICANTS' PROPOSED LICEN_SE CONDITIONS On March 14, 1975, Applicants filed a motion entitled " Applicants' Proposal For. Expediting The Antitrust Hearing Process". The Motion was opposed by NRC Staff, the Department of Justice, the City of Cleveland, and the State of Ohio. By Order dated June 30, 1975, subsequent to the filing of briefs, reply briefs, and the presentation of oral argument this Board denied Applicants' proposal and motion.
Pursuant to the terms of Applicants proposal,E Applicants intend that the unilateral proposed License Conditions contained therein remain in the record of this proceeding in that they " represent policies observed by each Applicant".
However, pursuant to the proposal, Appli-cants " assumptions arguendo" would be subject to withdrawal in order to permit Applicants an opportunity to submit proof on the question of the existence of a situation inconsistent with the antitrust laws.
Jf'Particularly n. 3 on page 5 'of applicant's Motion of March 14, 1975.
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A The Board's attention is specifically directed to Page 13 of Prehearing Conference Order #2 in which the Board sets out as a matter in controversy the following:
Whether Applicants policy or policies with respect to providing access to their nuclear facility to other electric entities in the CCCT, that are or could be connected to Applicants, deprive these other electric entities from realizing the benefits of nuclear power.
Accordingly, Staff submits that the policies of Applicants remain a fundamental issue in this proceeding. Just as Applicants intend to withdraw their assumptions arguendo and submit proof, it is Staff's position that the license conditions should also be withdrawn and the question of Applicants' policies respecting access to facilities also be subject to proof, not assertion.
It is Staff's position therefore that if Applicants have policies with respect to access to nuclear power, these policies should properly be proven by Applicants and subjected to cross-examination and rebuttal-in the evidentiary hearing.
Such a hearing is now scheduled to commence on October 23, 1975. Permitting these license conditions to remain on the record as " policies observed" deprives the other parties of an opportunity to properly test that as sertion.
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_3-Accordingly, Staff moves the Board pursuant to 10 CFR 12.730 to strike from the record all of applicant's proposed license conditions which are contained in its motion of March 14, 1975 as " representing policies observed by each Applicant".
Respeetfully submitted, ry+"s~ W 1,th Benjamin H. Vogler Assistant Chief Antitrust Counsel for NRC Staff
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Roy P. Lessy, dr.
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Counsel for NRC Staff Dated at Bethesda, Maryland
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this lith day of July 1975.
,s O UNITED STATES OF A!1 ERICA
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NUCLEAR REGULATORY COMMISSION BEFORE lHE AT0!!IC SAEETY NID LICl USING 1:0ARD In the Matter of
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THE TOLED0 EDIS0Il COMPA!!Y and
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HRC Docket !!os. 50-34GA THE CLEVELAND ELECTRIC ILLU:iINATING
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50-440A C0!!PA!!Y
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50-441 A -
'(Davis-BesseNuclearPowerStation
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THE CLEVELNID ELECTRIC ILLutil!!ATIl!G.
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(Perry Nuclear Power Plant,
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Units 1 and 2)
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CERTIFICM E OF SERVICE I hereby certify that copies of MOTION BY NRC STAFF TO STRIYsE APPLICANTS' PROPOSED LICENSE CONDITIONS, dated July 11, 1975, in the captioned matter, have been served upon the following by deposit in the United States mail, first class or air mail, this lith day of July 1975:
Douglas V. Rigler, Esq.
Melvin G. Berger, Esq.
Chai nnan P. O. Box 7513 Atomic Safety and Licensing Board Washington, D. C.
20044 Foley, Lardner, Hcllabcugh and Jacobs Docketing and Service Section
.Schanin Building Office of the Secretary 815 Ccnnecticut Avenue H. W.
U.S. Nuclear Regulatory CcInission Washingtcn, D. C.
20006 Washington, D.C.
20555 John H. Brebbia, Esq.
John Lansdale, Esq.
l..cmic Safety and Licensing Board Cox, Langford & Brown Alston, Miller & Gaines 21 Dupcnt Circle, N.W.
177G K Street fl. W.
Washington, D.C.
2003G
,ashingten, D. C.
20006 Joseph J. Saunders, Esq.
Mr. Jchn M. Frysiak Steven Charno, Esq.
Atenic Safety & Licensing Board Panel Antitrust Division U.S. lluclear Regulatory Commission P. O. Box 7513 Washington, D. C.
20555
- Washington, D.C.
20044 Atomic Safety and Licensing Reuben Goldber9, Esq.
Board Panel David C. Hjelmfelt, Esq.
U.S. Nuclear Regulatory Coanission 1700 Pennsylvania Avenue,ii.W.
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Washington, D.C.
20555 Washington, D. C.
20006
i-m Robert' D. Ilart, ~ Esq.
Edward A. Matto Department of Law Assistant Attorney General 1201 Lal:eside Avenue Chief, Antitrust Section Cleveland, Ohio 44114 30 East Broad Street,15th Floor Columbus, Ohio 43215 John C. Engle, President iAMP-0, Inc.
George Chuplis Municipal Building Con;nissioner of Light & Power 20 liigh. Street Ci Ly of Cleveland
'llamilton, Ohio 45012 17.01 Lakeside Avenue Cleveland, Ohio 44114 Donald th llauser, Esq.
Managing Attorney Deborah Povell liighsmi th The Cleveland Electric Assistant Attorney General Illuminating Company Antitrust Section 55 Public Square 30 East Bro::d Street,15th Ficor Cleveland, Obio - 44101 Colunbus, Ohio 43215
-Leslie llenry, Esq.
Chris topher R. Schraff, Esq.
Fuller, Henry, !!odge & Snyder Assistant Attorney General 300 Madison Avenue Environmental Low Section Toledo, Ohio 43604 351 East Broad Street, Oth Ficor Colur. bus, Onio 43215 Thomas A. Kayuha Executive Vice President Mr. Reymond Kudukis, Director Oh'io Edison Com;iany of Public Utilities 47 florth Main Street City of Cleveland Akron, Ohio 44308 1201 Lakeside Avenue Cleveland, Ohio 44114 Thomas J. itunsch, Esq.
General Attorney Gerald Charnoff, Esq.
Duquesne Light Company-Brad Reynolds, Esq.
435 Sixth Avenue Shaw, Pittnan, Potts & Trowbridge Pittsburgh, Pennsylvania 15219 910-17th Street, N.W.
Washington, D.C.
20006 Hallace L. Duncan, Esq.
J on T. - B rown, Es q.
Richard M. Firestone Duncan, Brown, Heinberg & Palmer
. Assistant Attorney General 1700 Pennsylvania Avenue, N.W.
Antitrust Section Washington, D.C.
20006 30 E. Broad Street,15th Floor Columbus, Ohio 43215 David McNeil Olds Reed, Smith, Shaw & McClay O
Union Trust Building h f{A2.y,g
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T Pittsburgh, Pennsylvania 15230 Frank R. Clokey, Esq.
on 1 or iRC af Special Assistant Attorney General-Rooin 219, Towne llouse Apartments'
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' Harrisburg, Pennsylvania' 17105 j
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