ML19329D282

Util Supplemental Response to Document Requests.Certificate of Svc Encl

ML19329D282
Person / Time
Site:	Davis Besse, Perry
Issue date:	02/23/1976
From:	Reynolds W OHIO EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8002260890
Download: ML19329D282 (8)

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, February 23, JjgML _

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unue g UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY COMMISSION .2/ I Before the Atomic Safety and Licensino .E'arb

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\' N' $ l[* > W In the Matter of ) 4

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THE TOLEDO EDISON COMPANY and ) '~ N THE CLEVELAND ELECTRIC ILLUMINATING ) Docket No. 50-346A -#

COMPANY )

(Davis-Besse Nuclear Power Station, )

Unit 1) .)

)

THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL. ) Docket Nos. 50-440A (Perry Nuclear Power Plant, ~

) 50-441A Units 1 and 2) )

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THE TOLEDO EDISON COMPANY, ET AL. )

Docket Nos. 50-500A

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(Davis-Besse Nuclear Power Station, .)

. Units 2 and 3) ') 50-501A SUPPLEMENTAL RESPONSE OF THE OHIO EDISON COMPANY TO THE DOCUMENT REQUESTS SE'RVED UPON IT BY THE OTHER PARTIES

1. In connection with its preparation for the direct case of the Department of Justice in the present pro-ceeding, and also as a result of a separate and unrelated file search in response to discovery requests served upon the Company in a civil antitrust action, initiated by the City of Cleveland in the United States District Court for the Northern District of Ohio, Civil Docket No. C-75-560, the Ohio Edison Company has found in its dead-storage files --

which are maintained in a different building in Akron, Ohio, from the Company's general working files -- certain documents 8 0 02 260[g

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1 which, had their existence been 'known -at the time, would have been produced to the other parties in response to the document requests filed herein.

2. The documents in qu.estion are called for under certain of the discovery requests served on' ohio Edison in these consolidated proceedings. They relate generally to the efforts of Ohio E'dison since September 1, 1965 to es-tablish with some precision, and operate within, the geo-graphic area in which it makes the best economic and engi- .

neering sense for the Company to extend its retail service.

Copies of this newly-discovered material have been furnished to the other parties.

3. The" discovery requests referenced above also 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 1972 or early 1973, Mr. J. R. White, then Vice President and General Counsel .

of Ohio Edison; orally directed that the central office as well as each operating division of the Company search their files for any. documentation relating to an arrangement be-tween Ohio Edison and any other electric utility concerning the establishme.nt or definition of precise service areas.

This directive was precipitated by the general response of .

the industry at that time to the district court decision in o

t . .

United States v. Otter Tail, 33'l F. Supp. 54 (D. Minn. 1971),

and a concern on the part of Mr. White that certain maps prepared in the 1960's in connection with the legislative effort by the electric utilities in Ohio to enact a terri-torial integrity law were perhaps being misused.

4. As a result of this file search, approximately three cardboard boxes of material (each the size of a single file drawer) were collected and forwarded to Mr. White. After a very general perusal of the documents, Mr. White orally .

ordered that to 'the extent any operating division of the Company was adhering to a service area demarcation in its dealings with actual or potential c.ustomers it should stop the practice immediately. He had the three boxes of material

- removed from his office by the janitorial staff of Ohio Edison and disposed of sometime in April or May 1973.

5. At the time of Ohio Edison's response to the discovery requests, it.was believed that the discarded material fell outside the scope of discovery, either by way of time-period or subject matter. The attached documents indicate, however, that the discarded material referenced above did in all probability contain documents which would.have been sub-ject to production had they been in existence. However, aside from knowing that the discarded material containcd maps and .

correspondence, the exact nature od the document's, such as ,

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dates, authors and addressees, types of documents, and similar specifics, are not known, and Mr. White's summary review of the documents some three years ago was not ade-quate or extensive enough to help him recall such details today.

6. In conclusion, Ohio Edison wants to make it clear that the failure to set forth the above information

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in its earlier responses to document requests was due to an oversight on the.part of the Company. The pertinent dead-storage files which contained the new'ly-discovered material were not examined earlier because the individudl who is cur-rently in charge of those files was not aware of their ex-istence at the time of the earlier. document production by the Company, and, unfortunately, he had failed to communicate with his predecessors on the matter.

The predecessors, in turn, had said nothing abont the dead-storage files to counsel on the, assumption that their successor was handling that part of the file search. It was only as a result of the recent events mentioned at the outset that this inadvertent oversight came to light.

7. Ohio Edigon now believes, on the basis of the investigation it has made into this matter in the last few weeks, that this supplement to its earlier document production ,

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constitutes a full and complete-response to the discovery e

5-requests on the basis.of its present knowledge. In the un-

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likely event that any other documents should surface in this -

area, however, which fall within the confines of the dis-covery requests, they will certainly be produced promptly.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE e-- y.) --

By:  % ,. L _. 2 .f. k' . _ l\ 'T .__..d..

Wm. Bradford Ppynolds \

Counsel for Applicants Dat'ed: February 23, 1976 e

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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 )

COMPANY, ET AL. ) Docket Nos. 50-440A (Perry Nuclear Power Plant,, ) 50-441A Units 1 and 2) )

)

THE TOLEDO EDISON C.OMPANY, 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 Ohio Edison Company To The Document Requests Served Upon It By The Other Parties" were served upon each of the persons listed 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 cf February, 1976.

SHAW, PITTMAN, POTTS & TROWBRIDGE

~" r c 2 By: ,i,\ .'T .._ ) ,._

\' ._ - .S V.. s.'.

Wm. Bradford Reynolds Counsel for Applicants

. 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 )

COMPANY, ET AL. ) 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 a'nd 3) ) 50-501A SERVICE LIST Doug,las V. Rigler, Esq. Docketing & de'rvice Section Chairman, Atomic Safety and

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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 Washihgton, D. C. 20555 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Joseph J. Saunders, 3sq.

. 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 e

. . g Reuben Goldberg, Esq. Thomas J..Munsch, Esq.

David C. Hjalmfelt, 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 Building Robert D. Hart, Esq. Box 2009 lst 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 Apa'rtments 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 St'reet, 15th Floor The Cleveland Electric- ' Columbus, Ohio 43215 Illuminating Company 55 Public 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. Colpmbus, 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 T'ledo, o 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 New York, New York 10005

.