ML19329C747
| ML19329C747 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 10/09/1975 |
| From: | Lessy R, Vogler B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8002190864 | |
| Download: ML19329C747 (4) | |
Text
.-
/0-9-75 i
UNITED STATES OF AMERICA I
NUCLEAR REGULATORY COMMISSION BEFORE THE ATCMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
4
)
r-THE TOLEDO MISON COMPANY and
)
NRC Docket Nos. 50-346A 3
THE CLEVEL ELECTRIC ILLUMINATING
)
56500A COMPANY
)
50-501A (Davis-Be e iluclear Power Station,
)
Units 1, 2 & 3)
)
)
i i
THE CLEVELAND ELECTRIC ILLUMINATING
)
NRC Docket Nos. 50 440A COMPANY, ET AL.
)
50-441A (Perry Nuclear Power Plant,
)
Units 1 & 2)
)
ANSWER OF NRC STAFF IN OPPOSITION TO CITY OF CLEVELAND'S PETITION FOR RECONSIDERATION 1
On Septenter 29, 1975 the City of Cleveland, Ohio (City) filed a pe-tition for reconsideration of this Board's Memorandum and Order of September 4
19, 1975. There are no factual or legal bases to support the City's petition and Staff opposes it.
On September 19, 1975 this Appeal Board, after a full consideration of the briefs and oral arguments thereon by all the parties, found that the appointment and role played by the Special Master herein was valid. The
[
. Appeal Board also found, inter alia, 1.
City's appeal concerning the interlocutory rulings of the Licensing Board and the Special Master was impermissible under 10 -CFR 52.730(f) of the Ccm-mission's Rules of Practice.
2.
City's appeal concerning the validity of the role played by the Special Master warranted considera-tion by the Appeal Board and certificaticn of that D
hk
~
E 8 0 02190 [ry
. b r- -
. issue was appropriate under 10 CFR 52.718(i).-1/
3.
The agreement of the parties in appointing a Special Master did not violate 1034 of Chapter 0106 of the AEC Manual as that Section must be interpreted in light of the provisions of the Commission's Rules of Practice.
4.
Assuming the voluntary agreement of the parties did not bar the Licensing Board or the Appeal Board from exercising its discretion to review the rulings of the Special Master, there was still insufficient reason fcr the Appeal Board to undertake that re-view function.
In essence the Appeal Board carefully considered and rejected all of the arguments the City raised in its brief and at the oral argument thereon.
The City has failed to show that the Appeal Board's decision is not based on substantial evidence or that the findings are contrary to law so as to constitute a clear abuse of administrative discretion.
In addition, the City's petition raises no new issues of law or fact. Accordingly, the City's petition for reconsideration must fail and the Staff submits that the Appeal Board should deny City's petition.
Respectfully submitted,
~
- d.m /.
f7JS 9
Roy P.tLessy, Jr.'"
Benjamin H. Vogler Counsel for NRC Staff Assistant Chief Antitrust Counsel for NRC Staff Dated at Bethesda, Maryland this 9th day of October 1975.
1/ Citing:
Public Service Ccmoany of New Hamoshire (Seabrook Station, Units 1 and 2), ALAB-271, NRCI-75/5 478 (May 21,1975).
2/ NLRB v. Columbian Enameling and Stamoing Co., 306 US 292 (1934).
Universal Camera Coro. v. NLRB, 340 US 474 (1951).
\\
p'
~
2-Donald H. Hauser, Esq.
James B. Davis, Director Victor F. Greenslade, Jr.
of Law The Cleveland Electric Robert D. Hart, Esq.
Illuminating Company City of Cleveland P. O. Box 5000 213 C1ty Hall l
Cleveland, Ohio 44101 Cleveland, Ohio 44114 Leslie Henrf, Esq.
Joseph A. Rieser, Esq.
Fuller, Henry, Hodge & Snyder Lee A. Rau, Esq.
300 Madison Avenue Reed, Smith, Shaw & McClay Tcledo, Ohio 43604 Suite 404 Madison Building, N.W.
l Thomas A. Kayuha Washington, D.C.
20005 Exer"ive Vice President Ohio Edison Company Alan S. Rosen'hal, Chairman 47 North Main Street Atomic Safety and Licensing Akron, Ohio 44308 Appeal Board U.S. Nuclear Regulator / Comission Thomas J. Munsch, Esq.
Washington, D.C.
20555 General Attorney i
Duquesne Light Company Michael C. Farrar 435 Sixth Avenue Atomic Safety and Licensing Pittsburgh, Pennsylvania 15219 Appeal Board U.S. Nuclear Regulatory Comission Karen H. Adkins, Esq.
Washington, D.C.
20555 Richard M. Firestone, Esq.
Antitrust Section Richard S. Salzman 30 East Broad Street, 15th Floor Atomic Safety and Licensing Columbus, Ohio 43215 Appeal Board U.S. Nuclear Regulatory Comission I
Mr. Raymond Kudukis, Director Washington, D.C.
20555 of Public Utilities City of Cleveland 1201 Lakeside Avenue Cleveland, Ohio 44114 J
David McNeil Olds, Esq.
William S. Larach, Esq.
Reed, Smith, Shaw & McClay 747 Union Trust Building P. O. Box 2009 Pittsburgh, Pennsylvania 15230 Gerald Charnoff, Esq.
Wm. Bradford Reynolds, Esq.
Shaw, Pittman, Potts &
h(
Trowbridge 910-17th Street, N.W.
g q,,
Washington, D.C.
20006 Roy P. Lessy, Jr.
Counsel' for NRC Staff W"
e
,-y_..-
y
,c-r
4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY NiD LICENSING APPEAL BOARD In the Matter of
)
)
THE TOLED0 EDISON COMPANY and
)
NRC Docket Nos. 50-346A THE CLEVELAND ELECTRIC ILLUMINATING )
50-500A COMPANY
)
50-501A (Davis-Besse Nuclear Power Station, )
Units 1, 2 & 3)
)
THE CLEVELAND ELECTRIC ILLUMINATING NRC Docket Nos. 50-440A COMPANY, ET AL.
)
50-441A (Ferry Nuclear Power Plant,
)
Units 1 & 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of ANSWER OF NRC STAFF IN OPPOSITION TO CITY OF CLEVELAND'S PETITION FOR RECONSIDERATION, dated October 9,1975, in the captiened matter, have been served upon the follow 1.,9 by deposit in the United States mail, first class mail, or airmail, this 9th day of October 1975:
Douglas V. Rigler, Esq.
Melvin G. Berger, Esq.
Chairman, Atomic Safety and Joseph J. Saunders, Esq.
I Licensing Board Steven Charno, Esq.
~
Foley, L=rdner, Hollabaugh Ruth Greenspan Bell, Esq.
and Jacces Janet Urban, Esc Schanin Building P. O. Box 7513 815 Connecticut Avenue, N.W.
Washington, D.C.
20044 Washington, D.C.
20006 Docketing and Service Section Ivan W. Smith, Esq.
Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regularnry Comission U.S. Nuclear Regulatory Comission Washington, D.C.
'.0555 Washington, D.C.
20555 John Lansdale, Esq.
Mr. John M. Frysiak Cox, Langford & Brown Atomic Safety and Licensing Board 21 Dupont Circle, N.W.
U.S. Nuclear Regulatory Comission Washington, D.C.
20036 Washington, D.C.
20555 Reuben Goldberg, Esq.
Atomic Safety and Licensing Board David C. Hjelmfelt, Esq.
Panel 1700 Pennsylvania Avenue, N.W.
U.S. Nuclear Regulatory Comission Washington, D.C.
20006 Washington, D.C.
20555 p
-