ML19329D115
| ML19329D115 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 07/20/1976 |
| From: | Barnes E, Urban J JUSTICE, DEPT. OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002240106 | |
| Download: ML19329D115 (6) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION t
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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The Toledo Edison Company and
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The Cleveland Electric Illuminating )
Docket Nos._50-34EA/
Company
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50-500A (Davis-Besse Nuclear Power Station, )
50-501A i
Units 1, 2 and 3)
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The Cleveland Electric Illuminating )
Docket Nos. 50-440A l
Company, et al.
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50-441A (Perry Nuclear Power. Plant,
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I Units 1 and 2)
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PROPOSED MINUTES OF CONFERENCE CALL OF JULY 16, 1976 j
On Friday, July 16, 1976, Chairman Rigler initiated a conference call with Mr. Reynolds, Mr. Zahler, Mr. Lessy, Mr. Hjelmfelt and Ms. Urban.
Chairman Rigler stated that the objections of the Depart-ment and the City to Applicant's Exhibits for identification 278-283 (CEI), theCity'srequesttorbopendiscovery,and "several inaccuracies" in Ms. Coll's transcription (Appli-cant's Exhibit 281-2) of the tape (Applicant's Exhibit 283) of the March 5, 1974, meeting would. necessitate another hearing session.
The Chariman requested that the City make Mr. Kudukis available for the hearing midmorning either Tuesday, July 20, 8002 240 /Ok f e
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t 1976, or Thursday, July 22, 1976 The Department and the Staff had no objection to either date.
The City'had no objection to the proposed dates except insofar as Mr. Kudukis' schedule might conflict.
Mr. Reynolds preferred the Tuesday proposal.
As the Department and the Staff maintained their records in this matter at the Willste Building, the parties agreed to meet with the Board at 11:00 a.m. on July 20, 1976, at the Wills'te Building.
The Chairman indicated that the Board would consider the City's motion to reopen discovery at Tuesday's meeting, but was undecided as to whether the Board would entertain discussion on this motion.
Referring to the Department's letter of July 15, 1976, objecting to Applicant's proposed exhibits 278-283 (CEI),
Chairman Rigler asked Ms. Urban.to explain how the Department would be prejudiced by the admission of this evidence.
Ms. Urban's response cited the unforeseeable and recent nature of the Appli-cant's evidence and the time constraints of the briefing schedule as preventing the formulation of an adequate response to the Applicant's charge embodied in the evidence.
The Chairman asked that the Department treat this question at Tuesday's hearing.
In response to a question by Mr. Hjelmfelt, the Chairman stated that the Board had not decided whether the objections to Applicant's proposed exhibits would be sustained, of, if sustained, whether in whole or in part.
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V Mr. Reynolds stated that he would not have time to file a response to the City's motions of July 15, 1976, by the Tuesday hearing.
The Chairman felt that the issues were sufficiently narrow so as to make unnecessary lengthy responses by the parties to motions in'this area.
Ms.' Urban requested that copies of all future hand delivered pleadings and correspondence be delivered to the office at the Willste Building.
The Chairman requested that Mr. Hjelmfelt bring a tape playback machine to the hearing, to which Mr. Hjelmfelt assented.
1 Mr. Reynolds indicated that Mr. Buchmann and the CEI people might present a scheduling problem with respect to Tuesday's hearing.
The Chairman suggested that Mr. Reynolds contact him as soon as possible with respect to the feasibility of the scheduled hearing time.
The other parties are to assume that the Board will meet Tuesday as agreed.unless informed otherwise by the Chairman.
Resp ctfully submitted, 0HA W, b)
JANET R.
URBAN
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' Attorney, Antitrust Division Department of Justice Washington, D.C.
20530
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GREGORY BXRNEfv'
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Research Analyst, Antitrust Division Department of Justice Washington, D.C.
20530 4'
July 20, 1976
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e 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
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The Cleveland Electric Illuminating
)
Docket Nos. 50-346A Company
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50-500A (Davis-Besse Nuclear Power Station,
)
50-501A Units 1, 2 and 3)
)
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The Cleveland Electric Illuminating
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Docket Nos. 50-440A Company, et al.
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50-441A (Perry Nuclear Power Plant,
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Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of PROPOSED MINUTES OF CONFERLNCE CALL OF JULY 16, 1976 have.been served upon all of the parties listed on the attachment hereto by deposit in the United States mail, first class or airmail this 20th day of July 1976.
s k4!Q ~ s.A' (2 nL A K ET R.
URBAN
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(Attorney, Antitrust Division Department of Justice
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i ATTACHMENT Gerald Charnoff, Esq.
Douglas V.
Rigler, Esq.
Chairman, Atomic Safety and Wm. Bradford Reynolds, Esq.
Robert E'.
Zahler, Esq.
Licensing Board 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 Ivan W.
Smith, Esq.
Atomic Safety and Licensing Frank R.
Clokey, Esq.
Board Special Assistant, Attorney Nuclear _ Regulatory-Commission General Washington, D.C.
20555 Room 219 Towne House Apartments John M. Frysiak, Esquire Harrisburg, Pennsylvania 17105 Atomic Safety and Licensing Board Donald H. Hauser, Esq.
Nuclear Regulatory Commission Victor A.
Greenslade, Jr., Esq.
The Cleveland Electric Washington, D.C.
20555 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.
Office of the Secretary Paul M.
Smart, Esq.
Nuclear Regulatory Commission Fuller, Henry, Hodge & Snyder Washington, D.C.
20555 Post Office Box 2088 Toledo, Ohio 43604 Reuben Goldberg, Es:1 David C. Hjelmfelt, Esq.
Russell J. Spetrino, Esq.
Goldberg, Fieldman &
Thomas A. Kayuha, Esq.
Hjelmfelt Ohio Edison Company 1700 Pennsylvania Avenue, N.W.
47 North Main Street Suite 550 Akron, Ohio 44308 Washington, D.C.
20006 St'even B.
Peri, Esq.
Terence H. Benbow, Tsq.
James B.
Davis, Director of A.. Edward Grashof, Esq.
Steven A.
Berger, Esq.
Law Robert D. Hart, 1st Assistant Winthrop, Stimson, Putnam Director of Law
& Roberts City of Cleveland 40 Wall Street 213 City Hall New York, New York 10005 Cleveland, Ohio 44114 Thomas J. Munsch, Esq.
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General Attorney Duquesne Light Company 435 Sixth Avenue Pittsburgh, Pennsylvania 15219
David Olds, Esq.
Jos'eph Rutberg, Esquire William S. Lerach, Esq.
Office of the Executive Reed, Smith, Shaw & McClay Legal Director Union Trust Building Nuclear Regulatory Commission Box 2009 Washington, D.C.
20555 Pittsburgh, Pennsylvania 15230 William J. Kerner, Esquire Office of the General Attorney Lee A.
Rau, Esq.
The Cleveland Electric Joseph A.
Rieser, Jr., Esq.
Illuminating Company Reed, Smith, Shaw & McClay Post Office Box 5000 Suite 900 1150 Connecticut Avenue Cleveland, Ohio 44101 Washington, D.C.
20036 Alan P. Buchmann, Esquire i
Edward A.
Matto, Esq.
Squire, Sanders & Dempsey 1800 Union Commerce Building Richard M. Firestone, Esq.
Cleveland, Ohio 44115 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 3
James R.
Edgerly, Esq.
Secretary and General Counsel Pennsylvania Power Company One East Washington Street New Castle, Pennsylvania 16103 l
1 John Lansdale, Esq.
g Cox, Langford & Brown 21 Dupont Circle, N.W.
Washington, D.C.
20036 Michael R.
Gallagher, Esq.
Gallagher, Sharp, Fulton, Norman & Mollison ll 630 Bulkley Building Cleveland, Ohio 44115 Jack R.
Goldberg, Esq.
Benjamin H. Vogler, Esq.
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Roy P. Lessy, Jr., Esq.
'l Office of the General Counsel l
Nuclear Regulatory Commission
'l Washington, D.C.
20555 se e
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