ML19329C681
| ML19329C681 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 04/17/1973 |
| From: | Vogler B US ATOMIC ENERGY COMMISSION (AEC) |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 8002180183 | |
| Download: ML19329C681 (4) | |
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~l UtlITED STATES OF AFERICA
'I AT0i;IC EilERGY CO:"'ISSIC*i i-y BEFCRE THE CCN:;ISSIO:1 M,s
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THE TOLECO EDISO: CCMPA:lY Ai!D
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AEC Docket ilo. 50-346A THE CLE'/ ELAND ELECTRIC ILLUMillATIt'G )
C0i'PAl1Y
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(Davis-Besse iluclear Power Station) )
ANS'.iER I!i GPPOSITICil TO PETITION OF AMERICAit 11UtlICIPAL PC'..ER-CHIO, I:,C., TO liiTERVENE Pursuant to 10 CFR, Section 2.714 of the Ccmmission's Rules of Practice, counsel for the AEC Fegulatory Staff (Staff) hereby files its anst er in opposition to the above capcicr.ed petiticn to intervene.
On July 9,1971 the Attorney General, pursuant to Secticn 105c of the Ate nic Energy Act of 1954, as amended (the Act), advised the Ccmmission that an antitrust hearing would not be recuired in this matter.
A con-structicn permit,;2s issued en t' arch 21, 1971, subject to Section 105c(8) of the Act, the provision which permits suDsequent c.ntitrust review.
Pursuant to the Ccrmissicn's Rules of Prrctice, the " advice" received frcm the Attorney General.ias publish 2d r the F:dac 21 Nais9e en September 4,1971. The Federal Reaister notice stated that any persen seeking intervention cn antitrust atters was required to subnit a petitien within thirty (30) days after publication of the notice.
In a petition dated July 6,1971 and amended July 27, 1971, the City of Cleveland, Ohio, timely requested permission to intervene in this matter as a full party in interest and requested an antitrust hearing.
In a 8002 ISO
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. supplemental answer to the City's petition, the Staff, on April 13, 1973, noted the deficiencies in the petition and reccmmended to the Commission that:
Additional information is necessary, however, before a deter-mination can be reached on whether petitioner's requests are within the proper ambit of this proceeding.
It is believed that the additional infonnation required herein can best be obtained and evaluated by an Atomic Safety and Licensing Board. Therefore, the Staff recommends that this matter be noticed for an antitrust hearing and that the petitioner be required to ccme forward at the cutset of the proceeding with a particularization of its cententicns, the relief it deems appropriate and the relationship of the contenticns and the relief to the alleged activities under the license.
In the event the Board determines that a full antitrust hearing is required herein the Staff also reccmmends that petitioner be required to come forward with the evidence in support of its allegaticns and requested relief.
Counsel for petitioner, A erican Municipal Power-Ohio, Inc., (Ai1P-0) was also counsel for tha City of Clevelana petition, at taa time the City filed its earlier referenced petition. The instant petition (AMP-0) was P ' 2 d cn ' ri l.;, 1 : 7:, r...u.; rc a n n.. s -
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filing petitions in this matter as provided for in the Federal P.ecister notice.
Thus there should be r.o ccofusicn by c;.nsel fcr '"P-0 over the facts, peccedural history and Ccmmission requicecants bearing cn entitle-ment to an antitrust hearing in this matter.
Such flagrant disregard of the Commissicn's Rules should not be permitted.
AMP-0's petiticn is patently cut of time for this proceeding, and no justification for the delay has been set forth. On this basis alone the petitica should be denied.
However, there are other major defects with the AMP-0 petiticn in addition to the time frame problem.
Section 2.714 of the Ccmmission's Rules i
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. of Practice (10 CFR 2.714) provides, inter alia, that a petition to inter-vene shall set forth the interest of the petitioner, how that interest may be affected by Commission action and the contentions of the petitioner in reasonably specific detail.
The instant petition not cnly fails to state in any form how the petitioners' interests will be or may be affected by any acticn taken by the Commission in this matter, but also raises no ccntentions concerning any antitrust aspects related to the Davis-Besse application.
- Finally, the petiticn fails to set forth the relaticnship of its contentiens and the relief it desires frcm the alleged activities under the license.
In view of all of the foregoing deficiencies, the Staff submits that the petition is grossly deficient in all respects and should be denied.
Respectfully submitted, yl{ f.,
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~j C'er.jamin H Vcgler Assistant im:itrust Counsel for AEC P.e;ulatcry Staff Da ted a t Be thesda,.'bryl e..d this 17th day of April 1973.
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UNITED STATES OF AT: ERICA ATOMIC EMERGY COMMISSIO:1 EEFORE THE CC.':I'I SS I CM In the Matter of
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THE TCLECO EDISCM CCMPANY and
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KC Docket No. 50-34CA THE CLE'! ELAND ELECTRIC ILLUMINATING )
COMPANY
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(Davis-Besse Nuclear Power Station)
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CERTIFICATE OF SER'! ICE I hereby certify that copies of ANS'.!ER IM OPPOSITION TO PETITICN OF AMERICAM MUNICIPAL POWER-OHIO, INC., TO INTER'!EME, dated April 17, 1973, in the capticned Tatter, have been served uten the folicwing by deposit in the United States mail, first class cr airmail, this 17th day of April 1973:
Philip P. Ardery, Esq.
Donald H. Hauser, Esq.
Brown, Ardery, Todd & Dudley Corporate Solicitor Kentucky Hcce Life Building The Cleveland Electric Louisville, Kentucky 40202 Illuminating Co.
Post Office Sox 6C 3 Gerald Charnoff, Esq.
Cleveland, Ohio 44101 Shaw, Pi ttman, Pct:3, Trc.sbridge
& "c Men Josech J. Saunders. Esc.
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Washington, D. C.
2CGC6 Antitrust Division Washington, D. C.
2C530 Robart D. Hart, Esc.
'larren 3. Hincnee, Co.nissioncr Atsmic Sa' ry c.nu Licasing City cf Clevelan.
Ccarc P 'ai 1201 LcEcside Avenue y
U. S. Atomic Energy C;,ission Clevelanc., Ohio 44114
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Washington, D. C.
20546 Les Henry, Esq.
- Mr. Frank W. Karas Fuller, Henry, Hodge & Snyder
' Chief, Public Proceedings Staff 300 Madison Avenue Office of the Secretary Toledo, Ohio 43604 U. S. Atcmic Energy Ccmission Washington, D. C.
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Benj;.rfn H. tic;:l er Assistant Antitrust Counsel for AEC Regulatory Staff
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