ML19329D064

Responds to City of Cleveland'S Motion for Clarification of License Conditions.Recommends Denial.Certificate of Svc Encl

ML19329D064
Person / Time
Site:	Davis Besse, Perry
Issue date:	01/21/1977
From:	Reynolds W CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8002240061
Download: ML19329D064 (6)

Text

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, _ January 21, 1977 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 No.'5'O '

COMPANY )

(Davis-Besse Nuclear Power Station, )

Unit 1) )

)

THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL. ) Docket Nos. 50-440A (Perry Nuclear Power Plant, ) 50-441A Units 1 and 2) )

)

THE TOLEDO EDISON COMPANY, ET AL. )

(Davis-Besse Nuclear Power Station, ) Docket Nos. 50-500A Units 2 and 3) ) 50-501A APPLICANTS' RESPONSE TO MOTION OF THE CITY OF CLEVELAND FOR CLARIFICATION

1. On January 12, 1977, the City of Cleveland

(" City") filed with the Licensing Board a request that the

_ license conditions set forth in this Board's Initial Decision dated January 6, 1977 be amended in certain respects, os-tensibly for purposes of " clarification". Applicants ob-ject to this attempt by the City to have this Board restruc-ture the relief contained in the Initial Decision more to the City's liking.

2. The decision on antitrust matters is barely two weeks old, and Applicants are still in the process of studying and digesting the numerous factual findings and s'

800224o46/ M

~

l legal conclusions. Nevertheless, it is already apparent  !

that there are a large number of matters addressed in the Initial Decision which require " clarification". ' Applicants' view is that, among other things, the license conditions formulated by the Board are worded in sufficiently imprecise terms to lend themselves to overly expansive misinterpre-tation. Not surprisingly, the City has the view that the conditions are cast in too-narrow terms.

3. The proper course for resolving these differ-ences is, we submit, through thw administrative appeal process contemplated by the Commission's Rules (10 C.F.R. S 2.785).

If the City is not content with the Initial Decision by this Board, it'certainly has the right to file exceptions with the Appeal Board and make its position known to that body. See Consumers Power Company (Midland Plant, Units 1 and 2),

ALAB-282, 2 NRC 9 (1975) (any party deeming itself aggrieved by the result of an initial decision may file exceptions).

Applicants can, of course, do likewise. The parties should not, however,. be' returning to the Licensing Board on a pre-text of seeking " clarification" to obtain a result different from the one announced in the January 6 opinion.

4. We can only presume that this Aoard issued the decision it fully intended to render, that it imposed the license conditions it wanted to impose (even though they are

perhaps unsatisfactory to some or all of the parties to this proceeding), and that it is not at this stage receptive to hearing the parties reargue the issues already extensively and carefully treated in the comprehensive briefs accepted for filing in this proceeding. This is how it should be; an appeal procedure is available to those desirous of a different result -- whether in terms of a " clarification", an " affirmation",

or a " reversal". If the City wants license conditions other than those set forth in the Initial Decision, it should, we submit, direct its arguments to the Appeal Board.

5. For the foregoing reasons, Applicants believe that the City of Cleveland's motion for clarification should be denied.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE 7

By: O .N u f~_ A k % _ c __

Wm. Bradford Reynolds \

Robert E. Zahler Counsel for Applicants ,

Dated: January 21, 1977.

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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 No. 50-346A COMPANY )

(Davis-Besse Nuclear Power Station, )

Unit 1) )

)

THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL. ) Docket Nos. 50-440A (Perry Nuclear Power Plant, ) 50-441A Units 1 and 2) )

)

THE TOLEDO EDISON COMPANY, ET AL. )

(Davis-Besse Nuclear Power Station, ) Docket Nos. 50-500A Units 2 and 3) ) 50-501A CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing

" Applicants' Response To Motion Of The City Of Cleveland For Clarification" were served upon each of the persons listed on the attached Service List, by hand delivering copies to those persons in the Washington, D. C. area, and by mailing copies, postage prepaid, to all others, all on this 21st day of January, 1977.

SHAW, PITTMAN,~POTTS & TROWBRIDGE Q

• By: DMd \4_ d .

Wm. Bradford Reynold'p Counsel for Applicants

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 No. 50-346A COMPANY )

(Davis-Besse Nuclear Power Station, )

Unit 1) )

)

THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL. ) Docket Nos. 50-440A (Perry Nuclear Power Plant, ) 50-441A Units 1 and 2) )

)

THE TOLEDO EDISON COMPANY, ET AL. )

(Davis-Besse Nuclear Power Station, ) Docket Nos. 50-500A Units 2 and 3) ) 50-501A SERVICE LIST Douglas V. Rigler, Esq. Docketing & Service Section Chairman, Atomic Safety and Office of the Secretary L,1 censing Board U.S. Nuclear Regulatory Commission Foley, Lardner, Hollabaugh Washington, D. C. 20006 and Jacobs Chanin Building - Suite 206 Joseph Rutberg, Esq.

815 Connecticut Avenue, N.W. Benjamin H. Vogler, Esq.

Washington, D. C. 20006 Roy P. Lessy, Jr., Esq.

Office of the Executive Ivan W. Smith, Esq. Legal Director Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Joseph J. Saunders, Esq.

John M. Frysiak, Esq. Antitrust Division Atomic Safety and Licensing Board Department of Justice U.S. Nuclear Regulatory Commission Washington, D. C. 20530 Washington, D. C. 20555 Melvin G. Berger, Esq.

Atomic Safety and Licensing Janet R. Urban, Esq.

Board Panel Antitrust Division

! U.S. Nuclear Regulatory Commission Department of Justice Washington, D. C. 20555 P. O. Box 7513 Washington, D. C. 20044 I

Rauben Goldberg, Esq. Thomas J. Munsch, Esq.

Dnvid C. Hjelmfelt,.Esq. General Attorney Michael D. Oldak, Esq. Duquesne Light Company Goldberg, Fieldman & Hjelmfelt 435 Sixth Avenue

-Suite 550 Pittsburgh, PA 15219 1700 Pennsylvania Ave., N.W.

Wnshington, D. C. 20006 David McNeil Olds, Esq.

Reed Smith Shaw & McClay Vincent C. Campanella, Esq. Union Trust Building Director of Law Box 2009 Robert D. Hart, Esq. Pittsburgh, PA 15230 1st Ass't Director of Law

-City of Cleveland Lee A. Rau,-Esq.

213 City Hall Joseph A. Rieser, Jr., Esq.

Cleveland, Ohio 44114 Reed Smith Shaw & McClay Suite 900 Frank R. Clokey, Esq. 1150 Connecticut Avenue, N.W.

Special Ass't Attorney General Washington, D. C. 20036 Room 219 Towne House Apartments James R. Edgerly, Esq.

Harrisburg, PA 17105 Secretary and General Counsel Pennsylvania Power Company Donald H. Hauser, Esq. One East Washington Street Victor F. Greenslade, Jr., Esq. New Castle, PA 16103 William J. Kerner, Esq.

The Cleveland Electric John Lansdale, Esq.

Illuminating Company Cox, Langford & Brown 55 Public Square 21 Dupont Circle, N.W.

Clev. eland, Ohio 44101 Washington, D. C. 20036 Michael M. Briley, Esq. Alan P. Buchmann, Esq.

Paul-M. Smart, Esq. Squire, Sanders & Dempsey Fuller, Henry, Hodge & Snyder 1800 Union Commerce Building P. O. Box 2088 Cleveland, Ohio 44115 Toledo, Ohio 43603 Edward A. Matto, Esq.

Russell J. Spetrino, Esq. Richard M. Firestone, Esq.

Thomas A. Kayuha, Esq. Karen H. Adkins, Esq.

Ohio Edison Company Antitrust Section 47 North Main Street 30 E. Broad Street, 15th Floor Akron, Ohio 44308 Columbus, Ohio 43215 Tarence H. Benbow, Esq. Christopher R. Schraff, Esq.

A. Edward Grashof, Esq. Assistant Attorney General Steven A. Berger,'Esq. Environmental Law Section

' Steven B. Peri, Esq. 361 E. Broad Street, 8th Floor Winthrop,.Stimson, Putnam Columbus, Ohio 43215

& Roberts 40 Wall Street l

Nnw York, New York 10005 l - --. , . - _ -- . -._ - ._ - _ _ - - - - - :.....---