ML19329C979

Affidavit Re DOJ 751010 Document Request.Jf Haas 750312 Cover Ltr Inadvertantly Overlooked in Initial Discovery But Encls Were Produced.Cover Ltr Forwarded

ML19329C979
Person / Time
Site:	Davis Besse, Perry
Issue date:	10/20/1975
From:	Edgerly J PENNSYLVANIA POWER CO.
To:
Shared Package
ML19329C973	List: ML19329C970 ML19329C974 ML19329C975 ML19329C976 ML19329C979 ML19329C980 ML19329C981
References
NUDOCS 8002200950
Download: ML19329C979 (5)

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UNITED STATES OF AMERICA Q Q NUCLEAR REGULATORY CCIMISSION 7;" + % $/

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4 ie In the Matter of )

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THE ICLEDO EDISON C0}TANY and ) NRC Docket Nos. 50-346A THE CLEVELAND ELECTRIC ILLUMINATING ) 50-500A COMPANY ) 50-501A (Davis-Besse Nuclear Power Station, )

Units 1, 2 & 3), )

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THE CLEVELAND ELECTRIC ILLUMINATING ) NRC Docket Nos. 50-440A COMPAhT, ET AL. ) 50-441A (Perry Nuclear Power Plant, )

Units 1 & 2) )

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AFFIDAVIT OF JMfES R. EDGERLY, SECRETARY AND GENERAL CCUNSEL FOR PENNSYLVANIA P0 tier C012ANY, TO PROVIDE A FACTUAL RESPONSE TO THE LETTER OF THE DEPARTME;T OF JUSTICE OF OCTOBER 10,197S COMMONhT.ALTH OF PENNSYLVANIA )

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COUNTY OF LAWRENCE )

I, JAMES R. EDGERLY, being first duly sworn on oath depose and state the following:

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1. I am presently Secretary and General Counsel e= ployed by ,

1 Pennsylvania Power Company ("Penn Power") at its princ'ipal place of 800g200f$O 1

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business at 1 East Washington Street, New Castle, Pennsylvania 16103.

Among my responsibilities is the general coordination and advising Penn Power, its officers, =anagers and employees with respect to the production of documents requested to be produced in the subject proceedings.

2. As Secretary and General Counsel, I was actively involved in the process of producing those docu=ents in Penn Power's possession, custody and control pursuant to the Depart =ent of Justice request dated August 2, 1974 (Joint Request of AEC Regulatory Staff and the United States Depart =ent of Justice For Interrogatories and The Production of Docu=ents by Applicants) as =odified, and the request dated M.ay 23, 1975 (Request of the Depart =ent of Justice for Interrogatories and the Pro-duction of Documents by Applicants) as modified by agree =ent, and was at all ti=es fa=iliar with such requests.

3. On October 16, 1975, I received a copy of the Depart =ent of Justice's letter to W=. Bradford Reynolds dated October 10, 1975 requesting Pennsylvania Power Co=pany to 4--adiately produce five docu=ents; this being the first ti=e such a request was =ade to =e, and further= ore such letter indicated also for the first ti=a Penn Power l

had failed to either produce the required docu=ents or infor= the Depart-ment of Justice that these documents were no longer in Penn Power's poenession or in existence. The state =ents =ade hereafter with respect to the request of additional production are =ade after I have personally reviewed the subject ictter.

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4. Upon request of Mr. Wm. Bradford Reynolds and after receiving the subject letter, I, and in some instances with the assistance of other Penn Power employees, undertook to search selected files of Penn Power, using as guidance the identifying information provided by the Department of Justice in an attempt to locate the subject documents. It is after such search that I have prepared this Af fidavit.

• l S. Document No. 1, in response to Perry E.1, and Davis-Besse, E.2, E.3 (letter from Charles S. Bowden to Borough of Ellwood City, dated July.30, 1966) was produced and =ade available in Penn Power's Board of Director's document files for rough screening, but was not identified for shipment to the central depository in Washington, D. C.

6. Document No. 2, in response to Ferry E.1, and Davis-Besse 2 (registered letter frem Ja=es R. Edgerly to Borough of Ellwocd City, attention of Mrs. Mildred R. Kettler, Secretary, dated August 10, 1966, with enclosures) was produced and =ade available in Penn Power's Board of Director's docu=ent files for rough screening, but was not identified for shipment to the central depository in Washington, D. C.

7. Document No. 3, in response to Davis-Besse E.2 and E.3 (letter from James F. Haas, energy application engineer, to Mrs. Kettler, Ellwood City, dated March 12, 1975, with enclosures), the enclosures were produced and marked for identification and forwarded to the central depository in Washington, D. C. I have no knowledge as to whether the enclosures were copied by.the Department of Justice. Mr. Haas' cover letter of March 12, 1975 was inadvertently overlooked and is furnished herewith.

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8. Document No. 4, in response to Davis-Besse E.2 (all wholesale municipal contracts in effect as of September 1, 1965),

Penn Power produced all wholesala municipal contracts pursuant to earlier requests, except four (4) wholesale municipal contracts which antedated the permissible discovery period. These four (4) wholesale municipal contracts with applicable rate schedules are furnished herewith to avoid needless critical accusations and undue delay in these proceedings.

9. Document No. 5, in response to Perry D.6 (document entitled

" Pennsylvania Power Company - Determination of Revenue Require =ents for Municipal Resale Classification, Year Ended July 31, 1965", dated November 18, 1965), under no reasonable interpretation of Perry D.6 discovery request was this document required to be produced and =ade available for rough screening; however, I am furnishing the same here-with to avoid needless critical accusations and undue delay in these proceedings.

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Sworn and subscribed to before me this 20th day of October, 1975.

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Angellne Comperene, Notory Public New Castre, Lcwrence Co. , Pa.

My Commisnon Expiros July 31,1973 l

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'IN N SYLVA NI A POWER CCMF ' tY e

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, Mrs. Kettler Municipal Euilding Ellwood City, Pennsylvania 16117

Dear Mrs. Kettler:

Enclosed, as requested, is a copy of the Municipal Rosalo Service Rate Schedule th:st ap1311es to the Ellwood City Borough's cicctric service account.

If we can be of any further service, please call.

[ p Very truly yours, hI P.

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.L - Jacca F. Haas Energy App 11 carica Engineer JTd:jg i y Enclosures

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