ML19329D199

Insists Applicant Show Relevancy of Sec Decision to Certain Antitrust Issues & Identify Issues

ML19329D199
Person / Time
Site:	Davis Besse, Perry
Issue date:	09/01/1978
From:	Hjelmfelt D CLEVELAND, OH, GOLDBERG, FIELDMAN & HJELMFELT
To:	Rosenthal A, Salzman R, Sharfman J NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8002250895
Download: ML19329D199 (2)

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GO LD B ERG, FIELD MAN & LETHAM, P. C.

170 0 DEN N SYLVANI A AV ENU E. N. W.

1. EWWEN QQLOSENG WAS HIN GTO N, D. C. 2 000 6 am-063 P.tLDuaN CRC 2) 393 8444 GLENN w. LErMA.0 g ,ggy,,ggg C-A -.No...r or-c .sa? September 1,1978 ,,,,,Q ,,,,,,,,,,,

FCRT CCLUNS, CCLCR&DQ YlY Alan S. Rosenthal, E sq.

Chairman, Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission p l ICV Washington, D. C. 20555 4 'b Jerome E. Sharfman, Esq. g f @j Atomic Safety and Licensing  ; g --

Appeal Board -

'3' U.S. Nuclear Regulatory Commis sion b Washington, D. C. 20555 k,,C g

Richard S. Salzman, E sq.

Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555, Re: The Toledo Edison Company and The Cleveland Electric Illuminating Company (Davis-Be sse Nuclear Power Station, Unit 1) Docket No. 5@;

The Cleveland Electric I11uininating Company, et al.

(Perry Nuclear Power Plant, Units 1 and 2)

Docket Nos. 50-440A and 50-441A; The Toledo Edison Company, et al. (Davis-Bessee Power Station, Units 2 and 3) Docket Nos. 50-500A and 50-501A Gentlemen:

By letter dated August 30, 1978, the Applicants in the above-referenced cases, through their counsel, have requested leave to file a decision of the Securities and Exchange Commission issued July 21, 1078 in In the Matter of American Electric Power Company, Inc. on the ground "that this decision is not yet officially reported, and may have a bearing on the Appeal Board's con-sideration of certain of the antitrust issues now before it in the above proceed-ing. " No copy of the SEC's decision, we are advised, was tendered to the Appeal 8 0 02 25 OD[ g

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w omsa GOLD B ERG, FIELDMAN & LETHAM, P. C.

' Messrs. Rosenthal, Sharfman and Salzman September 1,1978 Page 2 Board with the letter and no copy of the decision was served on the Intervenor, City of Cleveland, Ohio.

The City of Cleveland respectfully submits that it is incumbent upon Applicants to show to the Appeal's Board how the SEC's decision is (not simply

";nay be") relevant to "certain of the antitrust issues now before" the Appeals Board and to identify those issues.

Until that is done by Applicants' and other parties are served with a copy of the SEC's decision and afforded an opportunity to respond to Appli-cants' allegations, Applicants' request is opposed and should be denied.

Respectfully submitted, Wu 0 /k David C. Hjel ett Counsel for Intervenor City of Cleveland, Ohio DCH/ea cc: All Parties of Record J

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