ML19329C969

Minutes of 751023 Conference Telcon Between Wb Reynolds, Dv Rigler,Rp Lessy,Sm Charno & DC Hjelmfelt.Purpose of Call Was to Make Motion to ASLB for Extension to 751028 for Filing Expert Witness Testimony.Certificate of Svc Encl

ML19329C969
Person / Time
Site:	Davis Besse, Perry
Issue date:	10/24/1975
From:	Jennifer Davis, Goldberg R, Hart R, Hjelmfelt D CLEVELAND, OH, GOLDBERG, FIELDMAN & HJELMFELT
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8002200943
Download: ML19329C969 (6)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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The Toledo Edison Company and ) Docket Nos. (50-34M-- -

The Cleveland Electric Illuminating ) 50-500A Company ) 50-501A (Davis-Bes se Nuclear Power Station, )

Units 1, 2 and 3) )

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The Cleveland Electric Illuminating ) Docket Nos. 50-440A Company, et al. ) 50-441 A (Perry Nuclear Power Plant )

Units 1 and 2) )

MINUTES OF CONFERENCE CALL OF OCTOBER 23, 1975 On October 23, 1975, Mr. Reynolds, counsel for the Applicants, ini-tiated a conference call with Chairman Rigler, Mr. Lessy, Mr. Charno and Mr. Hjelmfelt.

Mr. Reynolds stated that the purpose of the conference call was to make an oral motion to the Board for an extension of time until October 28, 1975 for filing direct written testimony of Applicants' expert witnesses.

Mr. Reynolds stated that he had six expert witnesses and that the testimony of five of those witnesses was in draft form. He stated that preparation of the testimony had been delayed because one witness had been out of the country, two witnesses had been called to a meeting with the FEA in Chicago and another witness was in a meeting in New York. Mr. Reynolds explained that i

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the present problem was one of logistics of typing, duplicating, and serving the testimony.

Mr. Lessy voiced strong objections to the proposed extension.

M r. Lessy noted that the date for filing had been set on September 5th, that in expectation of timely filing of the testimony on October 25, 1975, h'e had ar-ranged to have his experts in Washington, D. C. on October 25, 26 and 27 to review Applicants' written testimony. Mr. Lessy said that he would be unable to get his witnesses together again until a few days prior to the commencement of the hearings. Mr. Lessy also objected on the grounds that the additional time would permit Applicants' witnesses to study the testimony filed by the other parties prior to filing their own testimony.

Mr. Reynolds made a representation that none of Applicants' experts would see the testimony filed by the other parties prior to the filing of Appli-cants testimony.

Mr. Charno and Mr. Hjelmfelt said they had no objection to the ex-tension requested by Mr. Reynolds.

Chairman Rigler directed Mr. Reynolds to make every effort to meet the October 25th date. The Chairman stated that he believed that Applicants' j l

should be able to serve the testimony of 3 or 4 of the witnes ses on October 25th.

I The Chairman further directed Mr. Reynolds to report to him the afternoon of l October 24th concerning the status of the preparation of the testimony.

l Me s sr s. Lessy, Charno and Hjelmfelt all stated that they did not de-sire to participate in Mr. Reynolds report to the Chairman on October 24th.

The Chairman also advised the parties that the Board had tentatively scheduled a hearing at 10 a. m. , Friday, October 31, 1975, to hear argument on Applicants' objections to the Department's amended response to interroga-to rie s.

Respectfully submitted, Q b. bnf Reuben Goldberg David C. Hjelmfelt Goldberg, Fieldman & Hjelmfelt 1700 Pennsylvania Avenue, N. W.

Washington, D. C. 20006 Telephone (202) 659-2333 James B. Davis Director of Law Robert D. Hart 1st Assistant Director of Law City of Cleveland 213 City Hall Cleveland, Ohio 44114 Attorneys for City of Cleveland, Ohio October 24, 1975 l

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CERTIFICATE OF SERVICE I hereby certify that service of the foregoing hiinutes Of Conference Call Of October 23, 1975, has been made on the following parties listed on the attachment hereto this 24th day of October, 1975, by depositing copies thereof in the United States mail, first class or air mail, postage prepaid.

.dld. hh//Y David C. H}41mf41t +

Attachment

ATTACHMENT Douglas V. Rigler, Esq. , Chairman Ivan W. Smith, Esq.

Atomic Safety and Licensing Board Panel John M. Frysiak, Esq.

. Foley, Lardner, Hollabaugh and Jacobs Atomic Safety and Licensing Board Panel 815 Connecticut Avenue, N. W. U.S. Nuclear Regulatory Commission Washington, D. C. 20006 Washington, D. C. 20555 Alan S. Rosenthal, Chairman Richard S. Salzman, Chairman Atomic Safety and Licensing Appeals Board Atomic Safety and Licensing Appeals Board U.S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Dr. John H. Buck Michael C. Farrar Dr. Lawrence K. Quarles Dr. W. Reed Johnson Atomic Safety and Licensing Appeals Board Atomic Safety and Licensing Appeals Board U.S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Howard K. Shapar, Esq. Andrew F. Popper, Esq.

Executive Legal Director Office of the Executive Legal Director U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Mr. Frank W. Karas, Chief Benjamin H. Vogler, Esq.

Public Proceedings Branch Joseph Rutberg, Esq.

, Office of the Secretary Robert J. Verdisco, Esq.

U.S. Nuclear Regulatory Commission Roy P. Les sy, Jr. , Esq.

Washington, D. C. 20555 ,,

Office of the General Counsel Re gulation Abraham B. sitman, Esq. U. S. Nuclear Regulatory Commis sion Office of Antitrust and Indemnity Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Melvin C. Berger, Esq.

Joseph J. Saunders, Esq.

Frank R. C1okey, Esq. Steven M. Charno, Esq.

Special Assistant Attorney General David A. Leckie, Esq.

Towne House Apartments, Room 219 Janet R. Urban, Esq.

Harrisburg, Pennsylvania 17105 Ruth Greenspan Bell, Esq.

Antitrust Division Edward A. Matto, Esq. Department of Justice Assistant Attorney General Post Office Box 7513 Chief, Antitrust Section Washington, D. C. 20044 30 East Broad Street, 15th floor Columbus, Ohio 43215 Karen H. Adkins, Esq.

Richard M. Firestone, Esq.

Christopher R. Schraff, Esq. As sistant Attorneys General Assistant Attorney General Antitrust Section Environmental Law Section 30 East Broad Street, 15th floor 361 East Broad Street, 8th floor Columbus, Ohio 43215 Columbus, Ohio 43215

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Page 2 ATTACHMENT (Continusd)

John R. White, Esq. Leslie Henry, Esq.

Thomas A. Kayuha, Esq. Michael M. Briley, Esq.

Ohio Edison Company Roger P. Klee, Esq.

47 North Main Street Fuller, Henry, Hodge & Snyder Akron, Ohio 44308 300 Madison Avenue Toledo, Ohio 43604 John Lansdale, Jr. , Esq.

Cox, Langford & Brown Pennsylvania Power Company 21 Dupont Circle, N. W. 1 East Washington Street Washington, D. C. 20036 New Castle, Pennsylvania- 16103 Lee C. Howely, Esq. Donald H. Hauser, Esq.

Vice President and General Counsel Corporate Solicitor The Cleveland Electric Illuminating Co. The Cleveland Electric Illuminatong Co.

Post Office Box 5000 Post Office Box 5000 Cleveland, Ohio 44101 Cleveland, Ohio 44101 Gerald Charnoff, Esq. Thomas J. Muns ch, Jr. , Esq.

Wm. Bradford Reynolds, Esq. General Attorney Shaw, Pittman, Potts & Trowbridge Duquesne Light Company 910 Seventeenth Street, N. W. 435 Sixth Avenue Washington, D. C. 20006 Pittsburgh, Pennsyivania 15219 David McNeill Olds, Esq. Joseph Rieser, Esq.

John McN. Cramer, Esq. Reed, Smith, Shaw & McClay William S. Lerach, Esq. Suite 440 Reed, Smith, Shaw & McClay 1155 Fifteenth Street, N. W.

Post Office Box 2009 Washington, D. C. 20005 Pittsburgh, Pennsylvania 15230 '

John C. Engle, President Terrence H. Benbow, Esq. AMP-O, Inc.

Winthrop, Stimson, Putnam & Roberts Municipal Building 40 Wall Street 20 High Street New York, New York 10005 Hamilton, Ohio 45012 Jon T. Brown, Esq.

Duncan, Brown, Weinberg & Palmer Suite 777

• 1700 Pennsylvania Avenue, N. W.

Washington, D. C. 20006 l

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