ML19329D018

Proposed Summary of 760423 Telcons Between Aslb,Shaw, Pittman,Potts & Trowbridge,Nrc,City of Cleveland & DOJ Re Changes in Hearing Schedule.Certificate of Svc Encl

ML19329D018
Person / Time
Site:	Davis Besse, Perry
Issue date:	05/24/1976
From:	Urban J JUSTICE, DEPT. OF
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8002240031
Download: ML19329D018 (7)

Text

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. , ;- UNITED STATES OF AMERICA N'UC' LEAR REGULATORY COMMISSION 4

BEFORE THE ATOMIC _ SAFE _TY_AND_ LICENSING BOARD s\wh In the Matter'of )

)

The Toledo Edison Company and )

The Cleveland Electric Illuminating ) Docket Nos. 50-346A [

Company ) 50-500A (Davis-Besse Nucleae Powec Station, ) 50-501A Units 1, 2 cnd 3) )

)

Docket Nos. 50-440A The Cleveland Electric Illuminating )

Company, et al. ) 50-441A (Percy Nuclear Power Plant, )

Units 1 and 2) )

PROPOSED MINUTES OF CONFERENCE CALLS OF APRIL 23, 1976 On Friday aftecnoon, April 23, 1976, Chairman Rigler initi-ated a conference call with Mr. Reynolds, Mr . Lessy, Mr. Hjelmfelt, 1 and Ms. Urban.

Chairman Rigler stated that the purpose of the conference call was to discuss changes in the hearing schedule. He stated that because Mr. Smith would be unable to be present Monday, April 26, 1976, through Wednesday, April 28, 1976, and Mr. Frysiak would be unable to be present Tuesday af tecnoon and Wedhesday, there would be no hearing on Tuesday af ternoon and Wednesday, but that he would. expect that the hearing would be held on Tuesday, April 29 and Fr iday, Apr il 30.

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Mr. Reynolds stated that because Friday had originally been scheduled as an open day, he had made other commitments. Chair-man Riglec then stated that we would go ahead and meet on Monday and Tuesday and cesolve the problem of Friday at that time.

Mr. Reynolds stated that he might have to reschedule Mr. Firestone to appear af ter Duquesne Light Company's case was completed, and assumed that the parties prefecced that he be rescheduled catner than be brought on and then have to be brought back. Mc. Lessy ' stated that this was the preference of the parties. Mr. Reynolds stated that Mr. Firestone could not appear on Friday and that he [Mr. Reynolds] had not made the decision as to whethec Mr. Firestone would appear on Thursday.

Chairman Rigler also stated that the Appeal Soard had set argument on the disqualification motion for May 10, 1976. He stated that he did not cecall the preference of the parties as to having that a free day, but he would do what the parties 4

wished.

The conference call'was resumed with the same participants latec on the af ternoon of April 23, 1976, at the request of Mr. Reynolds.

Mr. Reynolds said that he would like to suggest that the appearance of Messes. Slemmec and Ficestone be postponed until after Duquesne Light Company's case. Mr. Reynolds proposed that Duquesne Light Company's case begin on Thucsday, April 29, and that it continue on Tuesday, May 4, and Wednesday, May 5.

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Mc. Slemmec would then appear on Thucsday, May 6 3 and Friday, May 7, followed by Mr. Firestone on May 11 and then Ohio Edison's case. ,

Mr. Lessy protested this schedule change in that he did not feel that Duquesne Light Company's case would be completed on Wednesday, May 5, and he did not wish to have Mr. Slemmer start in the af ternoon.

Mr. Reynolds stated that he does not wish to have Mr. Slemmer testify without the entire Board present, noc does he wish to sepa-f ate the testimony of Messes. Slemmer and Firestone. He stated that whenevec Duquesne Light Company's case was finished, Mr. Slemmer would begin.

Mr. Lessy stated that it would be to everyone's detriment to start an expect witness when he could not be completed in one week.

Mr. Reynolds stated that the Applicants had cross-examined padct thc:0 ciccumstances.-

Mr. Hjelmfelt and Ms. Urban stated that the City and Depart-ment, cespectively, had no objection to Mr. Reynolds' proposed schedule. Mr. Lessy also agreed to the schedule.

Chairman Rigler asked whether Duquesne Light Company could present its case on Friday, April 30, and Mr. Reynolds replied that Duquesne Light has " lots of problems" with Friday. .

Chairman Riglec then stated that since the schedaling prob-lems were not caused by Mr. Reynolds, the Board would go along with 3

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Mr. Reynolds' suggestion that the entice Board hear Mr. Slemmer's testimony, and ba't 'Duquesne Light Company begin

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its case on April 29 with Messrs. Slemmer and Firestone to follow the com-i pletion of Duquesne Light Company's case.

' Chairman Rigler stated that the hear ing would cesume 9: 30 i 1

Thursday morning. ,

Respectfully submitted, i M/!!Os I /D!)%7/ !,./s

• JANET R. UR3AN

~~~~~~~~ E-A'ttorney, Antitrust Division

/Depa r tme nt of Justice Washington, D.C. 20530 I

May 24, 1976 f

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, - . . , - - n , . . - , . , - - - - , - - ,

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

The Toledo Edison Company and )

The Cleveland Electric Illuminating ) Docket Nos. 50-346A Company ) 50-500A (Davis-Besse Nuclear Power Station, ) 50-501A Units 1, 2 and 3) )

)

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

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that ccpies of PROPOSED MINUTES OF CONFERENCE CALLS OF APRIL 23, 1976 have been served upon all of the parties listed on the attachment hereto by deposit in the United States mail, first class oc aicmail this 24th day of May 1976.-

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/ r N/I / .dYM1)/.y J AN ET R. U RB AN ,/

f Attorney, Antitrust Division

/ Department of Justice i

ATTACHMENT

. . Douglas V. Rigler, Esq. Gerald Charnoff, Esq.

Chairman, Atomic Safety.and Wm. Bradford Reynolds, Esq. ,

Licensing Board Robert E. Zahler, Esq.

Foley, Lardner, Hollabaugh Jay H.* Bernstein, Esq.

and Jacobs Shaw, Pittman, Potts &

815 Connecticut Avenue, N.W. Trowbridge Washington, D.C. 20006 1800 M Street, N.W.

Washington, D.C. 20036 1 Ivan W. Smith, Esq.

• Atomic Safety and Licensing Frank R. Clokey, Esq.

L Board- Special Assistant, Attorney Nuclear Regulatory-Commission General Washington, D.C. 20555 Room 219 Towne House Apartments

, John M. Frysiak, Esquire , Harrisburg, Pennsylvania 17105 4

Atomic Safety and Licensing Board Donald H. Hauser, Esq.

Nuclear Regulatory Commission Victor A. Greenslade, Jr., Esq.

Washington, D.C. 20555 The Cleveland Electric Illuminating Company Atomic Safety and Licensing 55 Public Square Board Panel Cleveland, Ohio 44101 -

Nuclear Regulatory Commission

. Washington, D.C. 20555 Leslie Henry, Esq.

Michael M. Briley, Esq.

Docketing and Service Section Roger P. Klee, Esq.

1 Office of the Secretary Paul M. Smart, Esq.

j Nuclear Regulatory Commission Fuller, Henry, Hodge & Snyder i Washington, D.C. 20555 Post Office Box 2088

. Toledo, Ohio 43604 Reuben Goldberg, Esq.

David C. Hjelmfelt, Esq. Russell J. Spetrino, Esq.

Goldberg, Fieldman & Thomas A. Kayuha, Esq. i Hjelmfelt Ohio Edison Company l j- 1700 Pennsylvania Avenue,.N.W. 47 North Main Street Suite.550 Akron, Ohio 44308 .

Washington, D.C. 20006 Steven B. Peri Es . {

Terence H. Benbow, Esq.

James B. Davis, Director of A. Eduard-Grashof, Esq. >

Law .

Steven A. Berger, Esq.

' Robert D. Hart, 1st Assistant Winthrop, Stimson, Putnam Director of Law & Roberts City irf Cleveland 40 Wall Street

, 213 City Hall New York, New York 10005 l Cleveland, Ohio 44114 Thomas J. Munsch, Esq.

General Attorney Duquesne Light company 435 Sixth Avenue Pittsburgh, Pennsylvania 15219 l

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~. . - - . - - . - . - -

i David Olds, Esq. Joseph Rutberg, Esquire William S. Lerach, Esq. Office of the Executive

!- ' Reed, Smith,.Shaw & McClay Legal Director i

Union Trust Building Nuclear Regulatory Commission l Box 2009 Washington, D.C. 20555 l Pittsburgh, Pennsylvania 15230 l

William J. Kerner, Esquire Lee A. Rau, Esq. Office of the General Attorney Jo.seph A. Rieser, Jr., Esq. The Cleveland Electric Reed, Smith, Shaw & McClay Illuminating Company Madison Building - Room 404 Post Office Box 5000 1155 15th Street, N.W. Cleveland, Ohio 44101 Washington, D.C. 20005 Edward A. Matto, Esq.

Richard M. Firestone, Esq.

Karen H. Adkins, Esq.

Antitrust Section 30 E. Broad Street 15th Floor Columbus, Ohio 43215 Christopher R. Schraff, Esq.

Assistant Attorney General Environmental Law Section 361 E. Broad Street 8th Floor Columbus, Ohio 43215 James R. Edgerly, Esq.

Secretary and General Counsel

, Pennsylvania Power Company One East Washington Street New Castle, Pennsylvania 16103 John Lansdale, Esq.

Cox, Langford & Brown 21 Dupont Circle, N.W.

Washington, D.C. 20036 Michael R. Gallagher, Esq.

Gallagher, Sharp, Fulton, Norman & Mollison -

630 Bulkley Building Cleveland, Ohio 44115 Jack R. Goldberg, Esq.

Benjamin H. Vogler, Esq.

Roy P. Lessy, Jr., Esq.

. Office of the General Counsel Nuclear Regulatory-Commission Washington, D.C. 20555

,