ML19329D148

Motion for 30-day Extension of Time to Answer City of Cleveland Petition to Intervene.Certificate of Svc Encl

ML19329D148
Person / Time
Site:	Davis Besse
Issue date:	07/13/1971
From:	Charnoff G CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO.
To:	US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19329D137	List: ML19329D141 ML19329D144 ML19329D146 ML19329D148
References
NUDOCS 8002250857
Download: ML19329D148 (4)

Text

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UNITED STATES OF dMERICA ATOMIC ENERGY COMMISSION In the Matter of THE TOLEDO EDISON COMPANY and THE CLEVELAND ELECTRIC ILLUMINATING Docket No. 50-346 COMPANY Davis-Besse Nuclear Power Station MOTION FOR EXTENSION OF TI?E The Toledo Edison Company and The Cleveland Electric Illuminating Company respectfully move the Commission, pursuant to 10 CFR $2.711, for an extension of thirty days in the time allowed to answer the Petition of the City of Cleveland, Ohio, to Intervene in the above-captioned matter, filed on July 6, 1971. snder the requested extension, the answer would have to be filed on or before August 16, 1971.

The Attorney General's antitrust advice with respect to the Davis-Besse Nuclear Power Station is expected to be published in the Federal Register within a few days. The requested extension of time will permit the necessary study and analysis of this advice to properly answer the Petition of the City of Cle'veland.

An extension of time would also be consistent with the Commission's regulations. Under 10 CFR $2.102(d)(3),

petitions to, intervene on antitrust aspects are to be filed within fif teen days af ter publication in the Federal Register

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-2 of the Attorney General's antitrust advice or of a notice that he has not rendered any such advice. This publication has not yet taken place. The regulations contemplate that the Attorney General's advice would be available for the purposes of preparing both a petition to intervene and an answer to such a petition.

In-light of the premature filing of the petition for leave to Lntervene, an extension of time for filing an answer would in no way prejudice the petitioner.

Res ectfully submitted, f

_l Uvu' Qerald Charnoff Counsel for The Toledo Edison Company and The Cleveland Electric Illuminating Company Dated: July 13, 1971

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of THE TOLEDO EDISON COMPANY and THE CLEVELAND ELECTRIC ILLUMINATING Docket No. 50-346 COMPANY Davis-Besse Nuclear Power Station CERTIFICATE OF SERVICE I hereby' certify that true and correct copies of the foregoing Motion for Extension of Time were tailed on this 13th day of July, 1971, to Philip P. Ardery, Esq.

Brown, Ardery, Todd & Dudley Kentucky Home Life Building Louisville, Kentucky, 40202 Clarence L. James, Jr., Esq.

Director of Law City of Cleveland 601 Lakeside Avenue Cleveland, Ohio, 44114 William S. Gaskill Director of Utilities '

City of Cleveland 1825 Lakeside Avenue Cleveland, Ohio,44114 Mr. Stanley T. Robinson, Jr.

Chief, Public Proceedings Branch Office of the Secretary U. S. Atomic Energy Commission Washington, D. C. 20545 Mr. Roger 3. Williams Atomic Energy Coordinator Development Department 65 South Front Street-P. O. Box 1001 Colu= bus, Ohio, 43215

.-.*. <~ ,, . .

E. L Arnold, M. D.

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• Director of Health Ohio Department of Health 450 East Town Street Columbus, Ohio, 43216 SHAW, PITTMAN, POTTS

& TROWBRIDGE I

By 24 A, <

Gerald Cnarnoff Counsel for The To do Edison Company and The leveland Electric Illuminating Company Dated: July 13,1971 e

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