ML19329D097

Application for Issuance of Subpoena to FE Gaul,Requiring Identification & Authentication of 760610 Affidavit. Affidavit Encl

ML19329D097
Person / Time
Site:	Davis Besse, Perry
Issue date:	06/23/1976
From:	Reynolds W CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8002240088
Download: ML19329D097 (5)

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- 1 June 23, 1976 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 ) -

THE CLEVELAND ELECTRIC ILLUMINATING ) Docket No. 50-346A COMPANY )

(Davis-Besse Nuclear Power Station, )

Unit 1) )

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THE CLEVELAND ELECTRIC ILLUMINATING )

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

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THE TOLEDO EDISON COMPANY, ET AL. )

(Davis-Besse Nuclear Power Station, ) Docket Nos. 50-500A Units 2 and 3) ) 50-501A APPLICATION FOR ISSUANCE OF SUBPOENA

1. Pursuant to Section 2.720(a) of the Commission's Rules of Practice, 10 C.F.R. 52.720 (a) , Applicants hereby request the Licensing Board to issue the attached subpoena to Mr. Francis E. Gaul requiring his attendance and testimony at evidentiary hearing in the above-captioned matter on July 1, 1976 or as soon thereafter as counsel can arrange.

2. .The testimony of the above individual is re-quired in this proceeding to identify and authenticate an affidavit executed by Mr. Gaul on June 10, 1976, and filed in the United States District Court for the Northern District of Ohio, Eastern Division, in Civil Action No. C75-560, 8002 2406j g

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i captioned City of Cleveland v. The Cleveland Electric Il- .

luminating Co., et al. The above-referenced affidavit has ,

been previously identified in this proceeding as Applicants ,

i Exhibit 213 and is attached as part of this Application l.

For Issuance Of Subpoena. At the time that Applicants l l

sought to introduce this affidavit into evidence as an un- l sponsored document, the opposing parties objected on the ground that they were being deprived of an opportunity to - I cross-examine Mr. Gaul on the subject matter of his affi-('

davit. Applicants thereupon agreed to file this Application For Issuance Of Subpoena with the Licensing Board in order

) to make Mr. Gaul available to the other parties for the purpose of such cross-examination.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE a ) Q' By: V .. L D- w .LD.. h O

CI4 ._, _ ..t A .

Wm. Bradford Reynolds \

Counsel.for Applicants t

I Attachments (2)  ;

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Dated: June 23, 1976. i l

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l l IN Tl!E UNITED STATES DISTRICT COURT FOR TIIE NORTilERN DISTRICT OF OliIO EASTERN DIVISION CITY OF CLEVELAND, ) Civil Action No. C75-560

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Plaintiff, ) Ilon . Robert B. Krupansky

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v. ) AFFIDAVIT OF FRANCIS E. GAUL

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Tile CLEVELAND ELECTRIC )

ILLUMINATING CO., e t al. , )

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Defendants. )

Francis E. Gaul, being duly sworn, deposes and says that, although I do not intend to take sides on the issues before the Court in the above-entitled case, I have been requested by defendants, Ohio Edison Company and Pennsylvania Power Company, to give this Affidavit. If asked what transpired at the public meeting of the Utilities Committee of the Council of the City of Cleveland on March 4, 1974 and the public hearing of the Finance Conmittee of said Council on March 5, 1974, which I attended in my capacity as Chairman of the Utilities Committee of the Council of the City of Cleveldnd to examine budget re-quirements of the Municipal Electric Light Plant (MELP) and various prob'lems involving that plant, I would state as follows:

1. I attended a public meeting of the Public Utilities Committee of the Council of the City of Cleveland on March 4, 1974.

2. ,

At such meeting Raymond Kudukis, Director of the Department of Public Utilities, City of Cleveland, stated to the Committee that it was not the intention of the Municipal Electric Light Plant to become a member of CAPCO or to acquire an Ownership 4

g O interest in the Perry or other nuclear plants in which CEI had an interest. Director Kudukis testified that MELP was only interested in the purchase of power from CEI. Director i Kisdukis testified that MELP was not proposing to invcat sub-stantial amounts of money to acquire Ownership interests in CAPCO nuclear plants.

3. I attended a public hearing of the Finance Committee of the Council of the City of Cleveland on Tuesday, tiarch 5, 1974. At such meeting, Director Kudukis at first denied that MELP had sought Ownership or Unit Power participation in those nuclear units and said that this was CEI's proposal in response to MELP's complaint. However, after reference was made to the August 3, 1973 proposal of MELP he later gave testimony confirming that it was not the intention of MELP to acquire an Ownership interest in the CAPCO-CEI nuclear units j which would require an investment of substantial amounts of City money. Director Kudukis acknowledged that it was a fair statement that, MELP was maneuvering to obtain a more favorable position to be able to tap some power. ,

4. Director Kudukis said at the March 5, 1974 public hearing that it was not' MELP's intention to buy a piece of that Plant (Perry) and that he would still maintain that position, that he would repeat it and stick to it.

5. At the March 5, 1974 public hearing, Director

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I Kudukis said that t.o disclose or make public t..e rock bottom position of MELP would " explode" the negotiations that are under way.

STATE OF OHIO )

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COUNTY OF CUYAHOGA )

FRANCIS E. GAUL, being first duly sworn, deposes'and says that he has read the foregoing Affidavit and the matters set forth therein are true and correct to the best of his knowledge, in-formation and belief.

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/ M r'ncis E. Gaul '

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Subscribed and sworn to before me this ,/O " day of June, 1976. -

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lO N6tary Public WPAAP') E. FOTT, Ateoe%y.st4 aw NOT A;.Y FU3UC ST Aff Cf Outo My Coteisuon Pas No Empi ahon Cro Secuon 14.03 Ohio Revised Code

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