ML19329C810
| ML19329C810 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 12/12/1974 |
| From: | Goldberg R, Hart R, Hjelmfelt D CLEVELAND, OH, GOLDBERG, FIELDMAN & HJELMFELT |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002200787 | |
| Download: ML19329C810 (6) | |
Text
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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The Toledo Edison Company and
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The Cleveland Electric Illuminating
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AEC Docket No.
50-346A Company
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(Davis-Besse Nuclear Power Station) )
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The Cleveland Electric Illuminating
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Company, et al.
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AEC Docket Nos. 50-440A (Perry Nuclear Power Plant, Units
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50-441A l and 2)
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MOTION OF THE CITY OF CLEVELAND FOR AN ORDER DIRECTING THAT DOCUMENTS BE PRODUCED IN WASHINGTON, D. C. FOR INSPECTION AND COPYLNG In its response to the document requests of City of Cleveland (Cleveland),
Commission Staff (Staff), and Department of Justice (Department), Applicants have produced documents for inspection and copying in the cities of Cleveland, Ohio: Toledo, Ohio: Akron, Ohio; New Castle, Pennsylvania; and Pittsburgh, Pennsylvania. No one of these locations is a complete depository for the documents produced by all of the Applicants. Rather, inspection of the docu-ments will necessitate extended visits to each of the five cities. Cleveland moves that each party to the proceedings establish a Washington, D. C. depos -
itory for the production of documents fo r inspection and copying. The City of 8002200 77 7 Pl
. Cleveland is willing to establish such a depcsitory at the office of its Washington, D. C. counsel, Suite 550, 1700 Pennsylvania Avenue, N. W.
Principal counsel for each of the parties to this proceeding are located in Washington, D. C.
Hearings in this matter will be held in Washington, D. C.
Moreover, Staff on December 5,1974 and the Depart-ment on December 9,1974 have filed separate motions to compel production of documents in Washington, D. C.
Many of the documents, if not all, which would be produced in response to those motions are also responsive to docu-ment requesta made by Cleveland.
It may be difficult enough to avoid an extension of the deposition period even if the documents are assembled for inspection in Washington, D. C.,
but if this is not done, an extension of the deposition period (which includes the holiday season) is a virtual certainty. As was pointed out in the Depart-ment's Motion at page 10, "any attempt to inspect large volumes of documents in a number of different cities on euch acutely short notice would likely con-sume the entire period presently scheduled for the taking of depositions and for the filing of supplementary discovery requests. " Examination of the documents involves considerable time and requires counsel to block out periods of time to devote solely to the examination of documents. /
1 This would not be required if the documents were located in Washington. If, fo r example, counsel must attend a hearing on Tuesday morning in Washington, D. C.,
i he could still devote the afternoon to inspceting documents.
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Counsel for Cleveland has already taken one such trip to inspect documents at the offices of The Cleveland Electric Illuminating Co. Counsel believes that at least two more weeks will be required inspecting documents in Cleveland merely to identify the documents of which copies are desired.
. The Board in establishing a date for the production of documents prior to the period scheduled for taking depositions, recognized the need of counsel to review the documents prior to the taking of effective depositions.
Any
.ay in the completion of review of the documents will occasion a delay in proceeding to the deposition stage of these proceedings and completion the reof.
Establishment of document depositories in Washington, D. C. as j
requested here by Cleveland was suggested by the Board and agreed to by the parties in the Waterford case. 2_/ Establishing such depositories will permit this matter to continue in a more expeditious schedule.
Re ectfully submitted, M
am.#rp u
Reuben Goldberg David C. Hjelmfelt Reuben Goldberg David C. Hjelmfelt 1700 Pennsylvania Avenue, N. W.
Washington, D. C.
20006 Telephone (202) 659-2333 Robert D. Hart Assistant Director of Law City of Cleveland City Hall, Room 213 Cleveland, Ohio 44114 Telephone (216) 694-2717 Attorneys for the City of Cleveland, Ohio December 12, 1974 2/
Louisiana Power and Light Company, Docket No. 50-382A, Tr. 535.
4 Certificate of Service I hereby certify that service of the foregoing Motion of the City of Cleveland For An Order Directing That Documents Be Produced In Wa shington, D. C. For Inspection And Copying, has been made on the following parties listed on the attachment hereto this 12th day of December, 1974, by depositing copies thereof in the United States mail, first class or air mail, postage prepaid.
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R'euben Goldberg Attachment
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ATTACHMENT Atomic Safety and Licensing Board Jon T. B rown, Esq.
U. S. Atomic Energy Commission Duncan, Brown, Weinberg & Palmer Washington, D. C.
20545 Suite 777 1700 Pennsylvania Avenue, N. W.
Mr. -Frank W. Karas, Chief Washington, D. C.
20006 Public Proceedings Branch Office of the Secretary John C. Engle, Pre sident U. S. Atomic Energy Commission AMP-O, Inc.
Wa shington, D. C.
20545 Municipal Building 20 High Street John B. Farmakides, Esq.
Hamilton, Ohio 45012 Chairman Atomic Safety and Licensing Board Melvin C. Berger, Esq.
U.S. Atomic Energy Commission Joseph J. Saunders, Esq.
Wa s hington, D. C.
20545 Steven Charno, Esq.
Antitrust Division John H. Brebbia, Esq.
Department of Justice Atomic Safety and Licensing Board Post Office Box 7513 Alston, Miller & Gaines Washington, D. C.
20044 1776 K Street, N. W.
Washington, D. C.
20006 William T. Clabault, Esq.
David A. Leckie, Esq.
Douglas Rigler, Esq.
Department of Justice Atomic Safety and Licensing Board Post Office Box 7513 Hollabaugh & Jacobs Washington, D. C.
20044 Suite 817, Barr Building 910 17th Street, N. W.
Gerald Charnoff, Esq.
Wa shington, D. C.
20006 Shaw, Pittman, Potts & Trowbridge 910 17th Street, N. W.
Benjamin H. Vogler, Esq.
Washington, D. C.
20006 Joseph Rutbe rg, Esq.
Office of the General Counsel Frank R. Clokey, Esq.
Regulation Spe.:ial As sistant Attorney Geners.
U. S. Atomic Energy Commission Room 219 - Towne House Apartme ts Washington, D. C.
20545 Harrisburg, Pennsylvania 17105 Robert J. Verdisco, Esq.
Thomas J. Munsch, Jr., Esq.
Roy P. Le ssy, Jr., Esq.
General Atto rney Office of the General Counsel Duquesne Light Company Regulation 435 Sixth Avenue U. S. Atomic Energy Commission Pittsburgh, Pennsylvania 15219 l
Washington, D. C.
20545 David McNeil Olds, Esq.
Abraham Braitman, Esq.
John McN. Cramer, Esq.
Office of Antitrust and Indemnity Reed, Smith, Shaw & McClay U. S. Atomic Energy Commission 747 Union Trust Building Washington, D. C.
20545 Pittsburgh, Pennsylvania 15219
n Paga 2 ATTACHMENT (Continued)
John R. White, Esq.
Leslie Henry, Esq.
Vice President and General Counsel Fuller, Henry, Hodge & Snyder 7
Ohio Edison Company 300 Madison Avenue j
47 North Main Street Toledo, Ohio 43604 Akron, Ohio 44308 John Lansdale, Jr., Esq.
Pennsylvania Power Company Cox, Langford & Brown 1 East Washington Street 21 Dupont Circle, N. W.
New Castle, Pennsylvania 16103 Washington, D. C.
20036 Lee C. Howley, Esq.
Donald H. Hauser, Esq.
Vice President and General Counsel Corporate Solicitor The Cleveland Electric Illuminating Co.
The Cleveland Electric Illuminating Co.
Post Office Box 5000 Post Office Box 5000 Cleveland, Ohio 44101 Cleveland, Ohio 44101 Alan S. Rosenthal, Chairman Richard S. Salzman, Chairman Atomic Safety and Licensing Appeals Board Atomic Safety and Licensing Appeals Bd.
U. S. Atomic Energy Commission U. S. Atomic Energy Commis sion Washington, D. C.
20545 Washington, D. C.
20545 Dr. John H. Buck William C. Parler Atomic Safety and Licensing Appeals Board Atomic Safety and Licensing Appeals Bd.
U. S. Atomic Energy Commis sion U.S. Atomic Energy Commission Wa shington, D. C.
20545 Washington, D. C.
20545 Dr. Lawrence K. Quarles Dr. W. Reed Johnson Atomic Safety and Licensing Appeals Board Atomic Safety and Licensing Appeals Bd.
U. S. Atomic Energy Commission U. S. Atomic Energy Commission Washington, D. C.
20545 Washington, D. C.
20545 Dwight C. Pettay, Jr., Esq.
Deborah Power Highsmith Assistant Attorney General Assistant Attorney General Chief, Antitrust Section Antitrust Section 30 East B road Street, 15th noor 30 East Broad Street, 15th noor Columbu s, Ohio 43215 Columbu s, Ohio 43215
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