ML19329D070
| ML19329D070 | |
| Person / Time | |
|---|---|
| Site: | Perry, Davis Besse  |
| Issue date: | 01/18/1977 |
| From: | Campanella V, Goldberg R, Hjelmfelt D CLEVELAND, OH, GOLDBERG, FIELDMAN & HJELMFELT |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8002240065 | |
| Download: ML19329D070 (7) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of
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The Toledo Edison Company and
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Docket Nos. 50-346A The Cleveland Electric Illuminating )
50-500A Company
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50-501A' (Davis-Besse Nuclear Power Station,)
Unit 1)
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The Cleveland Electric Illuminating )
Docket Nos. 50-440A Company, et al.
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50-441A (Perry Nuclear Power Plant, Units )
I and 2)
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ANSWER OF THE CITY OF CLEVELAND TO APPLICANTS' MOTION FOR AN EXTENSION OF TIME TO FILE EXCEPTIONS AND BRIEFS IN SUPPORT THEREOF
/-/T-77 On January 6,1977, the Atomic Safety and Licensing Board (Licensing Board) rendered its initial decision in the above-captioned antitrust proceeding. On January 12, 1977, City of Cleveland (City) filed its motion with the Licensing Board for clarification of the license conditions ordered in the January 6 decision. On January 13, 1977, Appli-cants filed their motion for an extension of time to file exceptions and briefs in support thereof. City opposes Applicants' motion but does not oppose a limited extension of time for filing exceptions and briefs.
. City does not wish Applicants to be in a position to argue that they have been denied a fair opportunity to evaluate and brief such issues as 022400 W y
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January 28, 1977 Exceptions to the Initial Decision February 28, 1977 Briefs in Support of Exceptions Answering Briefs April 15, 1977 April 29, 1977 Reply Briefs The City's proposed schedule is a substantial enlargement of the time provided for and generally followed in Commission proceedings.
For example, Applicants, should they file exceptions, would have 53 days from the date of the decision to the date for filing their initial brief. The Commission's rules would provide only 22 days. Although the City's pro-posed maximum time schedule would give Applicants 53 days to prepare its initial brief, parties opposing exceptions will have only 46 days to prepare answering briefs.
The City's proposed time is more than ample in light of the fact that all important legal and factual issues have already been briefed by the parties -- many issues have been briefed repeatedly. As the Licensing Board pointed out (Slip Op. p. 242):
We note that not only did the parties file prehearing briefs, but that discrete legal issues such 1.- nexus and motions for summary disposition aba were the subject of extensive briefing during preceding por-tions of the proceedings.
And, the Licensing Board stated (Slip Op. p. 242):
The post-hearing documents submitted by Applicants (excluding rebuttals to other parties' proposed findings) number almost 1000 pages.
. It is to the advantage of all the parties to avoid delay of a final resolution of the important issues in the proceedings. Considering the numerous serious antitrust offenses by Applicants found by the Licensing Board, all delay should be avoided. For that reason, City would prefer a lesser enlargement of time than that contained herein. The dates set herein are the most that should be allowed.
Respectfully submitted, n
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WAc Reuben Goldberg David C. Hjelmfelt Goldberg, Fieldman & Hjelmfelt, P. C.
1700 Pennsylvania Avenue, N. W.
Washington, D. C.
20006 Vincent C. Campanella Director of Law Robert D. Hart First Assistant Director of Law City of Cleveland 213 City Hall Cleveland, Ohio 44114 Attorneys for City of Cleveland, Ohio January 18, 1977
CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing
" Answer of the City of Cleveland to Applicants' Motion for an Extension of Time to File Exceptions and Briefs in Support Thereof" on the following parties listed on the attachment hereto, this 18th day of January, 1977, by depositing copies thereof in the United States mail, first class postage prepaid or by hand delivery.
RYA c.M M /
David C. Hjelrfifelt /
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ATTACHMENT Douglas V. Rigler, Esq. Chairman Christopher R. Schraff, Esq.
Atomic Safety and Licensing Board Assistant Attorney General Foley, Lardner, Hollabaugh and Jacobs Environmental Law Section 815 Connecticut Avenue, N. W.
361 East Broad Street, 8th floor Washington, D. C.
20006 Columbus, Ohio 43215 Alan S. Rosenthal, Chairman Ivan W. Smith, Esq.
Atomic Safety and Licensing Appeal Board John M. Frysiak, Esq.
U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D. C.
20555 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Richard S. Salzman Jerome E. Sharfman Andrew C. Goodhope, Esq.
Atomic Safety and Licensing Appeal Board 3320 Estelle Terrace U. S. Nuclear Regulatory Commission Wheaton, Maryland 20906 Washington, D. C.
20555 Robert M. Lazo, Esq., Chairman Howard K. Shapar, Esq.
Atomic Safety and Licensing Board Panel Executive Legal Director U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Wa shington, D. C.
20555 Washington, D. C.
20555 Daniel M. Head, Esq., Member Mr. Frank W. Karas, Chief Atomic Safety and Licensing Board Panel Public Proceedings Branch U. S. Nuclear Regulatory Commission Office of the Secretary Washington, D. C.
20555 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Atomic Safety and Licensing Appeal Board Panel Abraham Braitman, Esq.
U. S. Nuclear Regulatory Commission Office of Antitrust and Indemnity Wa shington, D. C.
20555 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Joseph Rutberg, Esq.
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. Jack R. Goldberg, Esq.
Frank R. C1okey, Esq.
Office of the Executive Legal Director Special Assistant Attorney General U. S. Nuclear Regulatory Commission Towne House Apartments, Room 219 Washington, D. C.
20555 Harrisburg, Pennsylvania 17105
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Benjamin H. Vogler, Esq.
Edward A. Matto, Esq.
Roy P. Le s sy, Jr., E sq.
Assistant Attorney General Office of the General Counsel Chief, Antitrust Section R e gulation 30 East Broad Street, 15th floor U.S. Nuclear Regulatory Commission Columbus, Ohio 43215 Washington, D. C.
20555 O
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_ ATTACHMENT (continued) 1 Melvin G. Berger, Esq.
David McNeill Olds, Esq.
Joseph J. Saunders, Esq.
William S. Lerach, Esq.
Steven M. Charno, Esq.
Reed, Smith, Shaw & McClay David A. Leckie, Esq.
Post Office Box 2009 Janet R. Urban, Esq.
Pittsburgh, Pennsylvania 15230 Antitrust Division Department of Justice Terrence H. Benbow, Esq.
Post Office Box 7513 Steven B. Peri, Esq.
Washington, D. C.
20044 Winthrop, Stimson, Putnam & Roberts 40 Wall Street Karen H. Adkins, Esq.
New York, New York 10005 Richard M. Firestone, Esq.
Assistant Attorneys General Alan P. Buchmann, Esq.
Antitrust Section Squire, Sanders & Dempsey 30 East Broad Street,' 15th floor 1800 Union Commerce Building Columbus, Ohio 43215 Cleveland, Ohio 44115 Russell J. Spetrino, 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 Post Office Box 2088 Toledo, Ohio 43604 John Lansdale, Jr., Esq.
Cox, Langford & Brown James R. Edgerly, Esq.
21 Dupont Circle, N. W.
Secretary and General Counsel Washington, D. C.
20036 Pennsylvania Power Company
.One East Washington Street Richard A. Miller, Esq.
New Castle, Pennsylvania 16103 Vice President and General Counsel The Cleveland Electric Hluminating Co.
Donald H. Hauser, Esq.
Post Office Box 5000 Victor A. Greenslade, Jr., Esq.
Cleveland, Ohio 44101 The Cleveland Electric H1uminating Co.
Post Office Box 5000 Gerald Charnoff, Esq.
Cleveland, Ohio 44101 Wm. Bradford Reynolds, Esq.
Robert E. Zahler, Esq.
Thomas J. Munsch, Jr., Esq.
Jay H. Berstein, Esq.
General Attorney Shaw, Pittman, Potts & Trowbridge Duquesne Light Company 1800 M Street, N. W.
435 Sixth Avenue Washington, D. C.
20036 Pittsburgh, Pennsylvania 15219 Atomic Safety and Licensing Board Panel Docketing and Service Section U. S. Nuclear Regulatory Commission Office of the Secretary Washington, D. C.
20555 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 i
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,, ATTACHMENT (continued)
Joseph A. Rieser, Esq.
Reed, Smith, Shaw & McClay 1150 Connecticut Avenue, N. W.
Washington, D. C.
20036 John C. Engle, President AMP-O, Inc.
20 High Street Hamilton, Ohio 45012 Michael R. Gallagher, Esq.
630 Bulkley Building 1501 Euclid Cleveland, Ohio 44115 0
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