ML19329C701

Separate Answer to Cleveland,Oh Petition to Intervene & Amend.Requests Petition Be Denied

ML19329C701
Person / Time
Site:	Davis Besse
Issue date:	10/14/1971
From:	Charnoff G, Hauser D, Henry L TOLEDO EDISON CO.
To:	US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19329C702	List: ML19329C701 ML19329C705
References
NUDOCS 8002180197
Download: ML19329C701 (2)

Text

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i .. 00CKU NUMBER ER00. & UI1L, FAC. 50-%6S

. . UIIITED STATES OF A" ERICA ATOMIC EITERGY COMMISSION In the Matter of ) A N '8T

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THE TOLEDO EDISOIT COM"rIIY and )

THE CLEVELAIID ELECTRIC ILLUMIIIATIITG) Docket Iio . 50-346 COMPA!iY ) .

Davis-3 esse Nuclear Power Station b

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/$"/y'- ff' SEPARATE AI!S'IER OF THE TOLEDO EDIS0!! COMPA:TY TO PETITI0I! TO I: ITER 7E:IE OF TEE CITY OF CLEVELAI!D AND TO AMEI!DME:IT TO PETITICII TO I:!TERVINE

. OF THE CITY OF CLEVELA!D -

On July 6, 1971, the Cdty of Cleveland, Ohio (Petitioner) filed a " Petition to Inter'rene" requesting a grant of intervention and that the Atonic Energy Connission (Connission) hold a hearing on antitrust considerations associated with the activity authorized under construction permit No. CPPR 80 uthorizing construction of the Davis-Besse Nucles- .%wer Station (Davis-3 esse) by The Toledo Edison Compe-/ (Tr.;) and The Cleveland Electric Illuminating T-upa-/ (CEI).

3y a letter dated July 9, 19,71, the Attorney General, pur-suant to Section 103 (c). of the Atomic Energy Act of 1954, as amended, cdvised the Con =ission that an antitrust hearing would not be required in this pr.oceeding.

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t Subsequently, the Petitioner filed an amendment to its Petition to Intervene dated July 27, 1971.

Pursuant to 10 CFR 3ection 2.102 (d) of the Commission's 1

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" Rules sf Practice", the Attorney General's advice wab published i in the Federal Register the lth i day of~ September, 1971.

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Davis-Besse is and is to be owned by TZ and CEI as tenants in common, each owning separately undivided interests in the respective percentages of 52 1/25 and h7 1/2%.

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i Petitioner's Petition to Intervene and the Amendment there-to contain no allegations vi.atsoever of any facts involving activities of TE under any license from this Com=ission which would or could create or maintain a situation inconsistent with the antitrust laws.

4 WHEREFORE The Toledo Edison Company respectfully requests that said intervention be denied and dismissed as to it as a matter of law and without hearing.

4 Respectfull;r submitted, I lf ,Al l Nl$) \ M ck u i Gerald Charnoff f _M M Donald H. Hauser .

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Leslie Henry / Dated: October 14, 1971 ' Counsel for The Toledo Edison Ccmpany

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