ML19329D279
| ML19329D279 | |
| Person / Time | |
|---|---|
| Site: | Perry, Davis Besse  |
| Issue date: | 02/23/1976 |
| From: | Reynolds W SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002260887 | |
| Download: ML19329D279 (7) | |
Text
F'bruary 23, 1976 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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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 No. 50-346A COMPANY
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(Davis-Besse Nuclear Power Station,
)
Unit 1)
)
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THE CLEVELAND ELECTRIC ILLUMINATING
)
)
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 Unita 2 and 3)
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50-501A SUPPLEMENTAL RESPONSE OF THE TOLEDO EDISON COMPANY TO THE DOCUMENT REQUESTS SERVED UPON IT BY THE OTHER PARTIES 1.
The Toledo Edison Company (hereinafter "the Company") has found in certain miscellaneous and previously unreviewed files located in its district offices some docu-ments which, had their existence been known at the time of the Company's response to discovery requests in this pro-ceeding, would have been produced.
The files referred to were not current files and were not part of the Company's working files.
These documents were discovered by the Com-pany following a file search conducted after learning of 8002260 y
W newly-discovered material found in the files of Ohio Edison Company.
In addition, some of the material now being pro-duced was discovered for the first time in responding to document requests served upon the Company in a civil anti-trust case pending before the United States District Court for the Northern District of Ohio (Civil Docket No. C-75-560).
2.
Copies of the documents referred to herein-above have been given to all parties to this proceeding.
They relate generally to (1) efforts by the Company to define its geographic service area (primarily the eastern sector thereof) in a manner that would permit retail customers lo-cated on the fringes of the area to obtain the most economic and efficient service available, and (2) matters concerning certain proposed acquisitions of municipal systems.
3.
Additionally, the discovery requests referenced above ask that the Company identify any documents which would have been produced in response thereto but for the fact that they are no longer in existence.
In-late 1970 or early 1971 (the precise date is, notwithstanding diligent efforts to so determine, presently unascertainable) Mr. William Schwalbert, a Vice president of the Company, orally instructed the central office and the field offices to examine their files and to destroy any documentation relating to an arrangement between the Company and any other investor-owned electric utility I
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. regarding the establishment or definition of exclusive geographic service areas.
Immediately subsequent to Mr. Schwalbert's request, also in late 1970 or early 1971, certain maps designating the Company geographic service area were disposed of.
4.
At the time of the Company's earlier dis-covery responses in this proceeding, it was the opinion of the Company that the discarded maps were not called for as being outside the relevant time period for discovery.
The newly-discovered material referred to above, however, makes it clear that the destroyed documents were in fact within the pertinent time period and should have been pro-duced had they been in existence.
5.
The Company's failure to set forth the above information and to produce the referenced documents at the time of its initial production was due to the failure of Company personnel in certain of the district offices to search their file drawers labelled " miscellaneous" which contained all of this material.
Upon lemming of the inadvertent over-sight, the Company, out of an abundance of caution, made a new examination of all its files (both those located in the
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central office and those located in the district offices).
On the basis of this effort, the Company now believes that its documentary response is complete.
In the unlikely event A
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that any other documents should surface in these areas, however, which fall within the confines of the discovery requests, they will certainly be produced promptly.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE D
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By:
Mm. BradfordsReynoldt Counsel for Applicants Dated:
February 23, 1976 t
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
THE TOLEDO EDISON COMPANY and
)
THE CLEVELAND ELECTRIC ILLUMINATING
)
Docket No. 50-346A COMPANY
)
(Davis-Besse Nuclear Power Station,
)
Unit 1)
)
)
THE CLEVELAND ELECTRIC ILLUMINATING
)
)
Docket Nos. 50-440A (Perry Nuclear Power Plant,
)
50-441A Units 1 and 2)
)
)
THE TOLEDO EDISON COMPANY, ET AL.
)
(Davis-Besse Nuclear Power Station,
)
Docket Nos. 50-500A Units 2 and 3)
)
50-501A CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing
" Supplemental Response Of The Toledo Edison Company To The Document Requests Served Upon It By The Other Parties" were served upon each of the persons 1 sited on the attached Service List, by hand delivering a copy to those persons in the Washington, D.
C.
area and by mailing a copy, postage prepaid, to all others, all on this 23rd day of February, 1976.
SHAW, PITTMAN, POTTS & TROWBRIDGE
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By:
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Wm. BradfordNReynolds Counsel for Applicants
n UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
THE TOLEDO EDISON COMPANY and
)
THE CLEVELAND ELECTRIC ILLUMINATING
)
Docket No. 50-346A COMPANY
)
(Davis-Besse Nuclear Power Station,
)
Unit 1)
)
)
THE CLEVELAND ELECTRIC ILLUMINATING
)
)
Docket Nos. 50-440A (Perry Nuclear Power Plant,
)
50-441A Units 1 and 2)
)
)
THE TOLEDO EDISON COMPANY, ET AL.
)
(Davis-Besse Nuclear Power Station,
)
Docket Nos. 50-500A Units 2 and 3)
)
50-501A SERVICE LIST Douglas V.
Rigler, Esq.
Docketing & Service Section Chairman, Atomic Safety and Office of the Secretary Licensing Board U.S.
Nuclear Regulatory Commission Foley, Lardner, Hollabaugh Washington, D.
C.
20555 and Jacobs Chanin Building - Suite 206 Benjamin H.
Vogler, Esq.
815 Connecticut Avenue, N.W.
Roy P.
Lessy, Jr., Esq.
Washington, D. C.
20006 Jack R.
Goldberg, Esq.
Office of the Executive Legal Director Ivan W.
Smith, Esq.
U.S.
Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.
C.
20555 U.S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Joseph J.
Saunders, Esq.
Antitrust Division John M. Frysiak, Esq.
Department of Justice Atomic Safety and Licensing Board Washington, D.
C.
20530 U.S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Steven M.
Charno, Esq.
Melvin G.
Berger, Esq.
Atomic Safety and Licensing Janet R.
Urban, Esq.
Board Panel Antitrust Division U.S.
Nuclear Regulatory Commission Department of Justice Washington, D.
C.
20555 P. O. Box 7513 Washington, D. C.
20044
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L
s
. Reuben Goldberg, Esq.
Thomas J. Munsch, Esq.
David C.
Hjelmfelt, Esq.
General Attorney Michael D. Oldak, Esq.
Duquesne Light Company Goldberg, Fieldman & Hjelmfelt 435 Sixth Avenue Suite 550 Pittsburgh, PA 15219 1700 Pennsylvania Ave., N.W.
Washington, D.
C.
20006 David Olds, Esq.
William S. Lerach, Esq.
James B.
Davis, Esq.
Reed Smith Shaw & McClay Director of Law Union Trust Duilding Robert D.
Hart, Esq.
Box 2009 1st Assistant Director of Law Pittsburgh, PA 15230 City of. Cleveland 213 City Hall Lee A. Rau, Esq.
Cleveland, Ohio 44114 Joseph A. Rieser, Jr., Esq.
Reed Smith Shaw & McClay Frank R.
Clokey, Esq.
Madison Building - Rm. 404 Special Assistant 1155 15th Street, N.W.
Attorney General Washington, D.
C.
20005 Room 219 Towne House Apartments Edward A. Matto, Esq.
Harrisburg, PA 17105 Richard M. Firestone, Esq.
Karen H. Adkins, Esq.
Donald H. Hauser, Esq.
Antitrust Section Victor A. Greenslade, Jr., Esq.
30 E.
Broad Street, 15th Floor The Cleveland Electric Columbus, Ohio 43215 Illuminating Company 55 Fublic Square Christopher R. Schraff, Esq.
' Cleveland, Ohio 44101 Assistant Attorney General Environmental Law Section Leslie Henry, Esq.
361 E.
Broad Street, 8th Floor Micheal M..Briley, Esq.
Columbus, Ohio 43215 Roger P.
Klee, Esq.
Paul M.
Smart, Esq.
James R.
Edgerly, Esq.
Fuller, Henry, Hodge & Snyder Secretary and General Counsel P.
O.
Box 2088 Pennsylvania Power Company Toledo, Ohio 43603; One East Washington Street New Castle, PA 16103 Russell J.
Spetrino, Esq.
Thomas A.
Kayuha, Esq.
John Lansdale, Esq.
Ohio Edison Company Cox, Langford & Brown 47 North Main Street 21 Dupont Circle, N.W.
Akron, Ohio 44308 Washington, D.
C.
20036 Terence H.
Benbow, Esq.
Alan P.
Buchmann, Esq.
A.
Edward Grashof, Esq.
Squire, Sanders & Dempsey Steven A. Berger, Esq.
1800 Union Commerce Building Winthrop, Stimson, Putnam Cleveland, Ohio 44115
& Roberts 40 Wall Street i
New. York, New York 10005 l
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