ML19329C812
| ML19329C812 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 11/04/1974 |
| From: | Brebbia J, Farmakides J, Rigler D Atomic Safety and Licensing Board Panel |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 8002200789 | |
| Download: ML19329C812 (2) | |
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NOV 51974" L UNITED STATES OF AMERICA
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD A
In the Matter of
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THE TOLEDO EDISON COMPANY AND
)
THE CLEVELAND ELECTRIC ILLUMINATING
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COMPANY
) Docket Nos 50-346A]
(Davis-Besse Nuclear Power Station,
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pu, Ga Unit 1)
)
50-441A
)
THE CLEVELAND ELECTRIC ILLUMINATING
)
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
ORDER ON APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION On August 15, 1974, the Applicants filed a Motion for Summary Disposition pursuant to Section 2.749 of the Commission's Rules of Practice, directed to the intervention of the party AMP-0.
The Applicants allege that no genuine issue of material facts remains as to AMP-O's allegation of nexus and that lacking a sufficient degree of nexus AMP-0 should be dismissed from the proceeding.
In their Motion, the Applicants reargue, in essence, their position with respect to the sufficiency of the showing of nexus by AMP-C.
However, as the Applicants recognize, especially in their reply brief of October 21, 1974, the Board has previously determined that AMP-0 has made a sufficient
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pleading of nexus to permit intervention in the Perry antitrust proceeding." The Board recognizes the potential use of dis-covery by AMP-O to support its pleading of nexus.
Therefore, it would appear that Applicants' Motion is premature.
The Board also notes that dismissing the issue of wheeling (underpinning the nexus contentions of AMP-0) as to AMP-0, would not necessarily eliminate this issue from consideration in this proceeding since it may arise from the contentions of the other parties as reflected in the matters in con-troversy admitted.
Accordingly, the Board hereby denies the Applicants' Motion for Summary Disposition as to AMP-0 without prejudice to the Applicants to renew their Motion after the close of discovery.
- Final Memorandum and Order on Petitions to Intervene and Request for a Hearing, April 15, 1974 IT IS SO ORDERED.
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ICENSING BOARD
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u Dated at Bethesda, Maryland, this 4th day of. November 1974 i