ML19329D280
| ML19329D280 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 09/30/1976 |
| From: | Campanella V, Goldberg R CLEVELAND, OH, GOLDBERG, FIELDMAN & LETHAM, P.C. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19329D273 | List: |
| References | |
| NUDOCS 8002260888 | |
| Download: ML19329D280 (7) | |
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fE UNITED STATES OF AMERICA D
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NUCLEAR REGULATORY COMMISSION I
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Before the Atomic Safety and Licensing Board In the Matter of
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e The Toledo Edison Company and
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Docket Nos. (50-346A; s
The Cleveland Electric Illuminating
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50-500A Company
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50-501A (Davis-Besse Nuclear Power Station,
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Units 1, 2 and 3)
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The Cleveland Electric Illuminating
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Docket Nos. 50-440A Company
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50 -441 A (Perry Nuclear Power Plant,
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Units 1 and 2)
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ANSWER OF THE CITY OF CLEVELAND OPPOSING APPLICANT'S MOTION FOR LEAVE TO FILE BRIEF IN SUPPORT OF PROPOSED FINDINGS OF FACT AND CONCLUSION'S OF LAW At the close of hearings in the above-entitled consolidated proceedings, the Board set stri t time schedules for filing briefs and strict page limits c
on lengths of briefs. Approximately one week before the parties' initial submissions were due to be filed, Applicants sought and were granted.over the objection of all other parties. additional time in which to file. Applicants, in requesting additional time, made no statement that their filing would greatly exceed the page limits set by the Board. Indeed Applicants indicated 8002260 ((P
- l 4 that the additional time was needed to reduce their filing to meet the Board's page limits. It was not until the date of their initial filing, subse-quent to the initial filing of all other parties, that Applicants made known their intent to file a 698 page unauthorized pleading. City opposes acceptance of Applicants' unauthorized pleading.
City will be prejudiced by the acceptance of Applicants' unauthorized filing. Had the City known at the time of its initial submittal that instead of facing a 200 page limit it faced no page limit, the nature and scope of its initial filing would have been much different. To site but one example, the City would have greatly expanded its discussion of the extent and nature of competition in the CCCT had it not been confronted by a 200 page limit.
To a large extent this prejudice can not be cured through a reply brief.
The City is further p: ejudiced in having only two weeks and 15 pages in which to respond to the total of 909 pages of findings of fact, conclusions of law and supporting brief filed herein by Applicants.
Despite their repeated cries for an early decision by this Board, Applicants' actions in extending the time for filing briefs and filing an l
enormous unauthorized pleading belles their request for an early decision.
Applicants must have known that their unauthorized pleading could result in a substantial delay to permit responses by other parties. Unlike Applicants, City remains interested in a prompt resolution of the issue now before the Board.
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. While the City believes that the arguments advanced by Applicants in their unauthorized pleading are clearly without merit, the inability of the City to respond without a substantial delay in the expected decision by the Board this fall is prejudicial to the City. Therefore the City opposes Applicants' motion for Leave to File.
Respectfully submitted, iBJc
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Reuben Goldberg David C. Hjelmfelt Goldberg, Fieldman te Hjelmfelt 1700 Pennsylvania Avenue, N. W.
Washington, D. C.
20006 Telephone (202) 659-2333 Vincent Campanella Director of Law Robert D. Hart First Assistant Director of Law City of Cleveland 213 City Hall Cleveland, Ohio 44114 Attorneys for City of Cleveland, Ohio September 30, 1976
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CERTIFICATE OF SERVICE I hereby certify that service of the foregoing City of Cleveland's Answer Of The City Of Cleveland Opposing Applicant's Motion For Leave To File Brief In Support Of Proposed Findings Of Fact And Conclusion's Of Law, has been made on the following parties listed on the attachment hereto this 30th day of September, 1976, by depositing copies thereof in the United States mail, first class or air mail, postage prepaid.
X% dC.2/gg,fd David C. Hffimfe1[
Attachment
ATTA CHM ENT Douglas V. Rigler, Esq. Chairman Christopher R. Schraff, Esq.
Atomic Safety and Licensing Board Assistant Attorney General Foley, Lardner, Hollabaugh and Jacobs Environmental Law Section 815 Connecticut Avenue, N. W.
361 East Broad Street, 8th floor Washington, D. C.
20006 Columbus, Ohio 43215 Alan S. Rosenthal, Chairman Ivan W. Smith, Esq.
Atomic Safety and Licensing Appeal Board John M. Frysiak, Esq.
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D. C.
20555 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Richard S. Salzman Jerome E. Sharfman Andrew C. Goodhope, Esq.
Atomic Safety and Licensing Appeal Board 3320 Estelle Terrace U.S. Nuclear Regulatory Commission Wheaton, Maryland 20906 Washington, D. C.
20555 Robert M. Lazo, Esq., Chairman Howard K. Shapar, Esq.
Atomic Safety and Licensing Board Pane Executive Legal Director U.S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Wa shington, D. C.
20555 Washington, D. C.
20555 Daniel M. Head, Esq., Member Mr. Frank W. Karas, Chief Atomic Safety and Licensing Board Pane Public Proceedings Branch U. S. Nuclear Regulatory Commission Office of the Secretary Washington, D. C.
20555 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Atomic Safety and Licensing Appeal Board Panel Abraham Braitman, Esq.
U.S. Nuclear Regulatory Commission Office of Antitrust and Indemnity Washington, D. C.
20555 U. S. Nuclear Regulatory Commission Wa shington, D. C.
20555 Joseph Rutberg, Esq.
Jack R. Goldberg, Esq.
Frank R. Clokey, Esq.
Office of the Executive Legal Director Special Assistant Attorney General U. S. Nuclear Regulatory Commission Towne House Apartments, Room 219 Wa shington, D. C.
20555 Harrisburg, Pennsylvania 17105 j
Benjamin H. Vogle r, Esq.
Edwa rd A. Matto, Esq.
Roy P. Le ssy, Jr., E sq.
Assistant Attorney General Office of the General Counsel Chief, Antitrust Section Regulation 30 East Broad Street, 15th floor U.S. Nuclear Regulatory Commission Columbus, Ohio 43215 Washington, D. C.
20555 l
. ATTACHMENT (continued)
Melvin G. Berger, Esq.
David McNeill Olds, Esq.
Joseph J. Saunders, Esq.
William S. Lerach, Esq.
Steven M. Charno, Esq.
Reed, Smith, Shaw & McClay David A. Leckie, Esq.
Post Office Box 2009 Janet R. Urban, Esq.
Pittsburgh, Pennsylvania 15230 Antitrust Division Department of Justice Terrence H. Benbow, Esq.
Post Office Box 7513 Steven B. Peri, Esq.
Washington, D. C.
20044 Winthrop, Stimson, Putnam & Roberts 40 Wall Street Karen H. Adkins, Esq.
New York, New York 10005 Richard M. Firestone, Esq.
Assistant Attorneys General Alan P. Buchmann, Esq.
Antitrust Section '
Squire, Sanders & Dempsey 30 East Broad Street, 15th floor 1800 Union Commerce Building Columbus, Ohio 43215 Cleveland, Ohio 44115 Russell J. Spetrino, Esq.
Leslie Henry, Esq.
Thomas A. Kayuha, Esq.
Michael M. Briley, Esq.
Ohio Edison Company Roger P. Klee, Esq.
47 North Main Street Fuller, Henry, Hodge & Snyder Akron, Ohio 44308 Post Office Box 2088 Toledo, Ohio 43604 John Lansdale, Jr., Esq.
' Cox, Langford & Brown James R. Edgerly, Esq.
21 Dupont Circle, N. W.
Secretary and General Counsel Washington, D. C.
20036 Pennsylvania Power Company One East Washington Street Richard A. Miller, Esq.
New Castle, Pennsylvania 16103 Vice President and General Counsel The Cleveland Electric H1uminating Co.
Donald H. Hauser, Esq.
Post Office Box 5000 Victor A. Greenslade, Jr., Esq.
Cleveland, Ohio 44101 The Cleveland Electric Hluminating Co.
Post Office Box 5000 Gerald Charnoff, Esq.
Cleveland, Ohio 44101 Wm. Bradford Reynolds, Esq.
Robert E. Zahler, Esq.
Thoma s J. Munsch, Jr., Esq.
Jay H. Berstein, Esq.
General Attorney Shaw, Pittman, Potts & Trowbridge Duquesne Light Company 1800 M Street, N. W.
435 Sixth Avenue l
Washington, D. C.
20036 Pittsburgh, Pennsylvania 15219 Atomic Safety and Licensing Board Panel Docketing and Service Section l
U. S. Nuclear Regulatory Commission Office of the Secretary l
Washington, D. C.
20555 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 i
. ATTACHMENT (continued)
Joseph A. Rieser, Esq.
Reed, Smith, Shaw & McClay 1150 Connecticut Avenue, N. W.
Washington, D. C.
20036 John C. Engle, President AMP-0, Inc.
20 High Street Hamilton, Ohio 45012 Michael R. Gallagher, Esq.
630 Bulkley Building 1501 Euclid Cleveland, Ohio 44115 I
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