ML19329C484
| ML19329C484 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 04/29/1975 |
| From: | Rigler D Atomic Safety and Licensing Board Panel |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8002140862 | |
| Download: ML19329C484 (7) | |
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., s t - 7 5, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 6
gpa 29 B75 > 3 ATOMIC SAFETY AND LICENSING BOARD pe= d *"M BEFORE THE SPECIAL MASTER A
In the Matter of
)
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The Toledo Edison Company
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Docket No.
50-34GA The Cleveland Electric Illuminating
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Company
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(Davis-Besse Nuclear Power Station)
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The Cleveland Electric Illuminating
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Docket Nos. 50-440A Company, et al.
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and 50-441A (Perry Plant, Units 1 and 2)
)
PREHEARING CONFERENCE ORDER NO. 4 Pursuant to Notice, a prehearing conference was held on Monday, April 21, 1975, to consider inter alia a schedule for the completion of discovery and commencement of hearings.
Counsel for all parties were present and participated in the proceeding.
An extensive discussion was held with respect to proposed schedules and procedures for the exchange of testimony, resolution of prehearing motions, and Applicants' request for a more specific delineation of issues, allegations and the evidentiary basis supporting the case to be made by the other parties.
During the course of the hearing, the parties were able to reach agreement with respect to many of the open issues.
to others, the Board has examined the record and considered the various arguments of the parties made in support of the positions advanced in the hearing.
Pursuant to this consideration, the Board new rules as follows.
8002140 4 2 A
- (1)
Pretrial discovery is to be completed by all parties no later than July 1, 1975.
For good cause shown and upon specific application to the Board, limited additional dis-covery may be permitted.
It is contemplated, however, that any additional discovery will be limited in nature and justified by particular circumstances which the requesting party will call to the attention of the Board.
(2)
No later than August 15, 1975, parties to these proceedings other than the Applicants shall inform the Applicants with respect to the nature of the case they intend to present during the hearing.
The vehicle for the transmission of this information may be a comprehensive set of answers to Applicants' interrogatories of August 26, 1974, providing these answers fairly inform Applicants of the evidence to be presented supporting the allegations of the other parties.
To the extent that these interrogatories do not serve the desired purposes - informing Applicants of the contemplated dimensions of the proceedings -
other parties are directed to furnish statements of ultimate issues to be tried and a summary description of evidence to be introduced relating to each of these issues.
(3)
No later than August 22, 1975, Applicants may respond to the delineations of issues and evidence if Applicants desire to move for the curtailment or elimination of any issue or issues.
(4)
A prehearing conference will be held on or about September 4, 1975 for the purpose of considering any motions on
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the curtailment or elimination of issues and to deal with any other pending problems relating to preparation for hearing.
(5)
No later than September 12, 1975, all parties j
other than Applicants shall file direct written testimony of all expert witnesses (whether employees of the parties or independently retained experts).
This shall include all testimony of witnesses whom a party shall seek to qualify as an expert and in particular shall include economic experts and experts testifying on the sub-jects of electrical power generation and transmission.
(6)
No later than September 17, 1975, Applicants shall file direct written testimony of all expert witnesses whether employees or independently retained experts in the same manner as set forth in paragraph (5) above.
(7)
No later than October 1, 1975, all parties shall file pretrial briefs with the Board.
(8)
In the Staff's proposed hearing schedule, provision was made for a prehearing conference between the completion of discovery and the filing of expert testimony.
The purpose of this conference would be to consider pretrial matters and motions.
It is anticipated that some of the items which might be presented at such a prehearing conference may be considered at the prehearing conference scheduled in paragraph (4) above for a date on or about i
September 4, 1975 If it appears necessary or desireable to
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schedule another prehearing conference at any time between the 5th prehearing conference and the commencement of hearings, the Board will do so sua sponte or at the reasonable request of the parties.
I
-4_
(9)
The evidentiary hearing shall commence on October 23, 1975.
(10)
Each party is explicitly directed to inform the Board with notice to all other parties of any problem or delay which would interfere with adherence to the schedule set forth above.
(11)
During the 4th prehearing conference, the parties again recognized that the schedules proposed are stringent in terms of time allowances.
Each party indicated an awareness that in order for hearings to commence in October, delay must be kept to the minimum.
Counsel for all participants in these proceedings (except the State of Ohio) are located in Washington, D.
C.,
and on other occasions in these proceedings have hand delivered docu-ments to one another on document due dates.
This practice has resulted in considerable time saving, without undue hardship to the parties.
Accordingly, the Board desires the parties located in Washington, D. C. to continue to make hand delivery as they comply with the schedule established above.
ATOMIC SAFETY AND LICENSING BOARD b
DouglgV. Rigl
, Chairman Dated at Bethesda, Maryland,
)
this 29th day of April, 1975.
UNITED STATES OF A IRICA NUCLEAR REGt3..\\ TORY CO:GISSION In the ::atter of
)
)
Ti!E TOLEE0 EDISON CO:'PA Ti, ET AL.)
Docket No.(s) 50-346A CLEVEIAND ELECTRIC ILLDiINATING )
50-440A CO:!PA:Ti
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50-441A
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(Davis-Lesse Nuclear Power
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Station, Unit No. 1; Perry
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Nucicar Power Plant, Units 1&2))
CERTIFICAT" 0F 9 "" ! CE I hereby certify that I have this day served the foregoing document (s) upon cach person designated on the of ficial service lis: compilc.i by the Of fice of the Secretary of the Commission in this proceeding in accordance uith the recuirements of Section 2.712 of 10 CF, Par: 2-Rules of Practice, of the Nuclear Regulatory Ccr. mission's Rules and Ecgulations.
Dat ed at, b'a shington, D. C.
this A/ c;'
day of e,}
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Office cE the Secretary of the Corm Is ie n s
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e U"1TED STA1ES OF AMET:ICA NUCLEAR REGULATO: Y C0:::11SSION In the Matter of
)
)
TOLEDO EDISON COMPA:Ti, ET AL.
)
Docket No.(s) 50-346A CLEVELA::D ELECTRIC ILLUMI:'ATING
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50-440A C0!!PANY
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50-441A
)
(Davis-Besse Nuclear Power
)
Station, Unit No. 1; Perry
)
Nuclear Power Plant, Units L&2) )
Douglas Rigler, Esq., Chairman Alan S.Rosenthal, Esq., Chairman Foley, Lordner, Hollabaugh Atomic Safety and Licensing and Jacobs Appeal Board 815 Ccanecticut Avenue, S. W.
U. S. Nuclear Regul atory Co=iss ion Washin; ton, D. C.
20006 Washington, D.C.
20535 John H. Brebbia, Esq.
Mr. Michael C. Farrar Alston, Miller Caines Atenic Safety and Li:ensing 1776 X Street,N.
U.
Appeal 30ard Washin ton, D. C.
20006 U. S. ::uclear Regulatory Cornis s ".cn Washington, D. C.
20335 John M. Fryniak, Esq.
Atenic S,fety and Licensing 3 card U. S. Nuclear P.egulatory Cccais sion Atenic Safety and Licensing Washington, D. C.
20555 Appeal Bea rd U. S. Nuclear Regulatory Cocaission Joseph Rutherg,Esq., Chief Ca shin;; ton, D. C.
20555 Antitrust Counsel for NRC Staff U. S. Nucient Regulatory Cc=ission Honorable Richard W. ::cLaren Washington, D. C.
20535 Assistant Attorney General Antitrust Divis ion Mr. Abraham 3rait=an, Chief U. S. Department of Justice Office of Antitrust and Indemnity Washington, D. C.
20530 Nuclear Reactor Re;ulation U. S. Nuclear Regulatory Cornission Gerald Charnoff, Esq.
Washingtan, D. C.
20535 Shaw, Pittnan, Potts, Trowbridge and Madden Donald H. Hauser, Esq., Managing 910 - 17th Street, :i. U.
Attorney Washington, D. C.
20006 Cleveland Electric Illuminating Company Leslie Henry, Esq.
Public Square Fuller, Henry, Hodge & Snyder Cleveland, Ohio 4410 L 300 Madison Avanue Toldet, Ohio 43604 l
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50-346A, -640A, -441A Page 2 e
John C. Engle, President Honorable Christopher R. Schraf f AMP-0, Inc.
Assistant Attorney General Municipal Building Envirencental Law Section 20 High Streec 351 East Broad Street Itamilton, Ohio 45012 Columbus, Ohio 43215 George 3. Crosby, Esq.
Wallace L. Duncan, Esq.
Director of Utilities Jon T. Brown, Esq.
Piq ua, Ohio 45350 Duncan, Brown & Palmer 1700 Pennsylvania Avenue, N.W.
Willica M. Lcuis, Jr., Esq.
Washington, D. C.
20006 W.M. i.euis & Associates j
P.O.
Eox 1383 Lee C. Howley, Esq., Vice President & General Counsel Robert D. Hart, Esq.
Cleveland Electric Illuminating i
Assistant Lah Director Company City Hall Cleveland, Ohio 44114 P. O. Boa 3000 Cleveland, Ohio 44101 Reuben Goldber;, Esq.
Arnold Field.rtn, C;q.
Jchn Lansdale, Jr., Esq.
1700 Pennsylvania Averce, :.. W.
Cox Lan;;fcrd & Brawn Washington, D. C.
20005 21 Depent Circic, :;. W.
Uashin;; ton, D. C.
20036 David C. Hjelu alt, Esq.
1700 'ennsylvania Avenua, ::. .
S teven :1. Charno, ".sq.
Washington, D. C.
20306 Antitru t Divis'an U. S. Desartment of Justice Henarable'Thc as E. I;auper Washington, D. C.
20330 Assistant Atteracy General Antitrust Division Melvir G. Berger, E;q.
U. S. Departmeat of Justi::a Antitrust Divisica Washington, D. C.
20520 Depart =2n of Ju,tice Washington, D. C.
20044 Honorable William J. Brorn Attorney General Dunkin, Brown, Weinberg i Palmar State of Ohio 1700 Pennsylvania Avenue, ::.W.
Cole bus, Ohio 43215 Suite 777 Washin:;t an, D. C.
20005 Honorable Dui',h C. Pettay, Jr.
Assistant Attorney General Director Chief, Antitruct Se: tion Ida Rupp Public Library 30 East Broad Straet, 13th Floor Port Clinton, Ohio 43452 Columbus, Ohio 43215 Perry Public Library Hon arable Deborah P. Richred th 3753 Main Street Assistant Attorcay General Perry, Ohio 40081 Antitrust Section 1
30 East 3 road Street, 15th Floor Columbus, Ohio 43215 l
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