ML19329C441
| ML19329C441 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 07/10/1975 |
| From: | Lessy R NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002130803 | |
| Download: ML19329C441 (6) | |
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.-;7 UNITED STATES OF AMERICA 4
NUCLEAR REGULATORY COMISSION
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' 3 / 5 > f BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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THE TOLEDO EDISON COMPANY and
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NRC Docket No k THE CLEVELAND ELECTRIC ILLUMINATING )\\
COMPANY (Davis-Besse Nuclear Pcwer 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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MINUTES OF CONFERENCE CALL WITH BOARD CHAIRMAN HELD JUNE 20, 1975 On Friday, June 20, 1975 the Chairman of the Atomic Safety and Licensing Board initiated a conference call at approximately 2:30 p.m.
concerning the report of the Special Master dated June 19, 1975.
Participating in the call were Chairman Douglas V. Rigler; Gerald Charnoff, Counsel for Applicants; Roy P. Lessy, Jr., Counsel for Nuclear Regulatory Commission Staff; Steven M. Charno, Counsel for Department of Justice; and Reuben Goldberg, Counsel for the City of Cleveland.
Mr. Lessy was designated as Secretary.
The Chairman opened the conference call by stating that he had received the report of the Special Master with respect to the privileged i
documents. The report reviewed substantially all of the documents to which privilege had been claimed with respect to all categories of documents except those documents of the Department of Justice and the Duquesne Light Company.
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The Chairman indicated that four categories of documents had
' been established by the Special Master and that with respect to those four categories the Special Master had detennined that docu-ments included within three of those categories were privileged.
Documents that were privileged in the Chairman's estimation con-stituted 80-90*.' of all the documents submitted to the Special Mas te r.
The Chairman was interested in establishing a schedule for making the pertinent documents available to the parties and was also 1
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interested in inquiring first as to-whether Applicants would challenge all or part of the designations which were deemed not to be privileged, and secondly whether each of the other parties would challenge those documents deemed to be privileged.
The Chairman stated for the record that the Board was not desirous of reviewing the approximately thousand documents reviewed by the Special Master but if there were to be challenges he anticipated scme form of limited appeal. The Chairman indicated that a brief prehearing conference or other record session might be appropriate.
j Mr. Charnoff inquired as to whether the Master's Report had been made available to the parties.
In response to that the Chainnan indicated that the Report had been received by the Docketing Section on June 20th and was in the process of being mailed to interested parties. The Chairman also stated that he would have copies of the Report available for any party on the next business day.
Mr. Charnoff i
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- subsequently inquired as to whether the Report itself avoided dis' closure of the contents of some of the-documents and the Chairman indicated that it did.
Mr. Goldberg inquired as to the scope of appeal that might be available to parties desiring to appeal the decision of the Special Master and the Chairman indicated that he anticipated some-thing less than a blanket appeal of the approximately one thousand documents.
Mr. Lessy then inquired as to what the four categories established by the Master were and the Chairman responded as follows: The fi rs t three categories were those which the Special Master found contained privileged documents.
Category 1 included draft agreements, leases, letters, testimony and other papers which received either no distri-bution or distribution only to other attorneys within the Company.
These documents were privileged within the work product rule as found by the Master.
Category 2 were found to be communications among attorneys employed by CEI or between CEI attorneys and their consultants or between CEI officers and CEI attorneys which were made for the pur-pose of obtaining or giving legal advice and were therefore found to be within the attorney-client privilege.
Category 3 were documents similar to those in category two but which were originated with and distributed among some or all of CAPC0 members.
Relying on Wigmore Secticn 23.12, the Special Master found these to be within the attorney-client privilege. Category 4 as reported by the Chairman was divided into four subparts and these were found not to be privileged.
Part 1
included documents which may have been written by or to an attorney but~ which contained essentially reports of events, facts or circum-stances which were in the knowledge of the parties or which were letters transmitting materials which may or may not be privileged.
Part 2 listed documents not privileged because they originated with or have been distributed to persons outside the privileged group.
Part 3 listed documents found to be business matters rather than attorney-client or work product related and category four listed waived documents.
After a general discussion amongst the parties it was concluded that no party could respond to the Chairman's questions concerning appeal and distribution without having an opportunity to review the Report of the Special Master.
Accordingly, the parties agreed that a conference call would be initiated by Staff on Tuesday, June 24th at approximately 2:30 p.m.
at which time the discussion with respect to the privileged documents would continue.
Respectfully submitted, o? w/w,.
Roy P. Lessy, Jr. /,
Counsel' for tiRC Staff Dated at Bethesda, Maryland this 10th day of July 1975.
UNITED STATES OF NIERICA HUCLEAR REGULATORY C0:~.MlSSI.
BEFORE Tile ATOMIC SAFETY NtD LICERSING BOARD In the Matter of
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Tile TOLED0 EDIS0il COMPA!!Y and
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.NRC Docket Hos. 50-34GA Tile CLEVELAND ELECTRIC ILLUMI;!ATING
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50-440A-50-441A COMPN!Y
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(Davis-Besse Nuclear Power Station
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TiiE CLEVELAflD ELECTRIC ILLUt!IflATII'G,
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(Perry fluclear Power Plant,
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Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of MINUTES OF CONFEREllCE CALL WITH BOARD CHAIRMAN HELD JU!!E 20, 1975, dated July 10,1975,. in the captioned matter, have been served upon the following by deposit in the United States mail, first class or air mail, this 10th day of July 1975:
Douglas V. Rigler, Esq.
Melvin G. Berger, Esq.
Chairman P. O. Cox 7513 Atomic Safety and Licensing Board Washington, D. C.
20044 Foley, Lardner, Hollabaugh and Jacobs Docketing and Service Section Schanin Cuilding Office of the Secretary 815 Connecticut Avenue fl. W.
U.S. Nuclear Regulatory Cc=nission Washingtcn, D. C.
20006 Washington, D.C.
20555 John H. Brebbia, Esq.
John Lansdale, Esq.
Atomic Safety and Licensing Board Cox, Lcngford & Brcwn Alston, Miller & Gaines 21 Dupont Circle, fl.W.
1776 K Street N. W.
Washingtcn, D.C.
20036 Washington, D. C.
20006
, Joseph J. Saunders, Esq.
Mr. John M. Frysiak Steven Charno, Esq.
Atomic Safety &_ Licensing Board Panel Antitrust Divisicn U.S. Nuclear Regulatory Cc=aission -
P. O. Box 7513 Washington, D. C.
20555 Washington, D.C.
20044 Atomic Safety and Licensing Reuben Coldberg, Esq.
Board Panel David C. Hjelmfel t, Esq.
U.S. Nuclear Regulatory Commission 1700 Pennsylvania Avenue, fl.W.
Washington, D.C.
20555 Washington, D. C.
20006 O
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Robert D. Ilart, Esq.
Edward'A. Matto Department of Law
. Assistant Attorney Ocneral 1201 Lakeside Avenue
' Chief, Antitrust Section
' Cleveland, Ohio 44114 30 East Broad Street,15th Floor Coluatus, Ohio 43215 John C. Engle, President AMP-0, Inc.
Ceorge Chuplis Municipal Building Con:nissioner of Light & Power 20 liigh Street City of Cleveland llamilton, O'iio 45012 1201 Lakeside Avenue Cleveland, Ohio 44114 Donald 11. Ilauser, Esq.
Managing Attorney Deborah Pwell liighsaith The Clevaland Electric Assistant Attorney General Illuminating Company Antitrust Section 55 Public Square 30 East Broad Street,15th Floor Cleveland, Ohio 44101
. Columbus, Ohio 43215 Leslie llenry, Esq.
Christopher R. Schraf f, Esq.
Fuller, lienry, liodge & Snyder Assistant Attorney General 300 Madison Avenue Environmental Law Section Toledo, Ohio 43604 361 East Broad Street, 8th Floor Columbus, Ohio 43215 Thomas A. Kayuha Executive Vice President Idr. Raymond Kudukis, Director Ohio Edison Company of Public Utilities 47 North Main Street City of Cleveland Akron, Ohio 44308 1201 Lakeside Avenue Cleveland, Ohio 44114 Thomas J. l'unsch, Esq.
General Attorney Gerald Charncff, Esq.
Duquesne Light Ccmpany Brad Reynolds, Esq.
435 Sixth Avenue Shaw, Pittman, Potts & Trowbridge Pittsburgh, Pennsylvania 15219 910-17th Street, N.W.
Washington, D.C.
20006 Wallace L. Duncan, Esq.
Jon T. Brown, Esq.
Richard M. Firestone l
Duncan, Croc.*n, Weinberg & 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'01ds Reed, Smith, Shaw & McClay Union Trust Building Pittsburgh, Pennsylvania 15230
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yP Lessy, Jr. 4 Frank R. Clokey, Esq.
Couns 1 for NRC Staff Special Assistant Attorney General Rooin 219, Towne llouse Apartments liarrisburg, Pennsylvania 17105
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