ML19329C685

Responds to Answers of Cleveland Electric Illuminating Co & Toledo Edison Co.Requests Evidentiary Hearing.Certificate of Svc Encl

ML19329C685
Person / Time
Site:	Davis Besse
Issue date:	10/19/1971
From:	Ardery P AFFILIATION NOT ASSIGNED, CLEVELAND, OH
To:	US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 8002180186
Download: ML19329C685 (4)

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! UNITED STATES OF AMERICA l ATOMIC ENERGY COMMISSION In the Matter of )

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THE TOLEDO EDISON COMPANY and THE CLEVELAND ELECTRIC ILLUMINATING ) Docket No. 50-346A COMPANY )

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l Davis-Besse Nuclear Power Station )

CITY OF CLEVELAND, OHIO - k%rdT3T REPLY TO ANSWERS OF THE CLEVELAND ELECTRIC ILLUMINATING COMPANY AND THE TOLEDO EDISON COMPANY The City of Cleveland, Ohio (Cleveland) for its reply to the answers of The Cleveland Electric Illuminating Company (CEI) and The Toledo Edison Company (TE) states:

1. The CEI answer at the bottom of page 2 and the top of

! page 3 asserts the Cleveland system "is not so constructed to permit parallel operation with the system of CEI." This state-ment is without any foundation in fact and is untrue and denied.

2. The CEI answer page 4 denies CEI has refused to negotiate I on a permanent interconnection with Cleveland. This is without l

foundation in fact and is denied by Cleveland.

3. Also on page 4 of the CEI answer it is stated the total amount due and owing Cleveland to CEI September 1, 1971 was

$1,515,000.00. The actual amount due was $1,092,463.04 through l

j August 31. The payment of this amount has now been approved by 1

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t the city council and a check in that amount will be delivered i

to CEI by the end of the current week if at all possible. CEI l further states that it is owed $103,959.10 for services provided j in September of 1971. Cleveland states no bill for that amount has ever been received by Cleveland and that when and if such a

, bill is received its calculation will be checked and the proper i

amount due will be paid.

i 4. At the bottom of page 5 the CEI answer states that Cleveland is precluded by Article VIII, Section 6, of the Constitution of l the State of Ohio and the law of Ohio from participating in the ownership of Davis-Besse. Cleveland denies that it is precon -

I cluded by any provision of the Constitution or law of Ohio from 4

such ownership.

5. The answer of CEI further states that the financial con-i dition of Cleveland leaves it without the ability to raise the funds required for participation in Davis-Besse. This is without foundation in fact and is therefore denied by Cleveland.

1 l 6. In the answec of CEI, first full paragraph page 7, CEI l purports to establish certain problems in the operation of Davis-g Besse. Cleveland would be happy to participate in Davis-Besse I leaving the operation of the plant to CEI and'TE so long as the operation was normal com=ercial operation not calculated purely i

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and simply to work to the disadvantage of Cleveland.

7. With respect to the answer of TE Cleveland states that activities of TE may create or maintain a situation inconsistent with the anti-trust laws dependent on the extent to which TE colludes with CEI to deprive Cleveland of a fair opportunity to participate in Davis-Besse and to use the combined transmission system of CEI and TE.

WilEREFORE, Cleveland respectfully requests that an evidentiary hearing be held as to th; anti-competitive aspects herein.

spectfully submitted, Al. s Ni e PHILIP P. ARDERY Brown, Ardery, Toyd & Dudley Kentucky Home Life Building Louisville, Kentucky 40202

! Attorney for City of Cleveland, Ohio i

October 19, 1971 i I .

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CERTIFICATE OF SERVICE I hereby certify that copies of City of Cleveland, Ohio, Reply to Answers of The Cleveland Electric Illuminating Company and The Toledo Edison Company were served on the following by deposit in the United States Mail, first class or airmail, this 19th day of October, 1971.

i Mr. Roger B. Williams E. W. Arnold, M.D.

Atomic Energy Coordinator Director of Health Development Department Ohio Department of Health 65 South Front Street 450 East Tcwn Street P. O. Box 1001 Columbps, Ohio 43216 Columbus, Ohio 43215 Algie A. Wells, Esquire Gerald Charnoff, Esquire Atomic Safety and Licensing Shaw, Pittman, Potts, Trowbridge Eoard Panel

& Madden ,

U. S. Atomic Energy Commission 910 17th Street, N. W. Washington, D. C. 20545 Washington, D. C.

Donald H. Hauser, Esquire Mr. Stanley T. Robinson, Jr. Managing Attorney Chief, Public Proceedings Branch Cleveland Electric Illuminating Office of the Secretary of the Company Commission Public Square U. S. Atomic Energy Commission Cleveland, Ohio 44101 Washington, D. C. 20545 Richard W. McLaren, Esquire Asst. Attorney General U. S. Department of Justice Washington, D. C. 20530 i . l(

hi ip P. Ar err, Attorney for City of Cleveland, Ohio October 19, 1971 4

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