ML19329D349

Discusses Documents Produced in Compliance W/Terms & Conditions of NRC Issued Subpoena

ML19329D349
Person / Time
Site:	Davis Besse, Perry
Issue date:	02/25/1976
From:	Duncan W DUNCAN, BROWN, WEINBERG & PALMER
To:	Reynolds W SHAW, PITTMAN, POTTS & TROWBRIDGE
References
NUDOCS 8003050945
Download: ML19329D349 (3)

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SUITC 777 WALL ACC L.OUNCAN ,8700 PCN NSYLVANIA AVCNQC, N. W.

CD AfeO WC NOC AG WASHINGTON, O. C. 20006 jo3gpg ((*g *, y ,3 FRCOR'CK D. PALMCR FRCOCRICK L. MILLCR, JR. @ O2)296-4325 ISO NORTH LA SALLC Sf 4C CT JAY 84. WCf LL CHICAGO,ILLIhoss so60s TCLCX 09-7445 08WP WSH .

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w .. s w William Bradford Reynolds, Esquire $p Shaw, Pittman, Potts and Trowbridge g4 1800 "M" Street, N.W. -

Washington, D.C. 20036 Re: Tn the Matt'cr of the Toledo Edison Company and the Cleveland Electric Ill.uminating ComAgutyretc.

NRC Docket Nos. Ma-;46A.,

50-500A, 50-501A, 50-440A, 50-441A. '

'c . - Mr. Reynolds :

Some time ago, I cont. acted you regarding the subpoena issued oy fae Commission at the request of your clients to American Muni-i 11 I'c<cr-Ohio,'Inc. in the above-captioned proceedings. .

On or about the return date of the subpoena,'I advised that

-lient, Mr. John C. Engle, President, AMP-Ohio, had made a no . Tent ser ch of the files of AMP-Ohio to determine whether such "il s coa ._acd tatorial which might fall within the scope of the sul . ena. Mr. 1..gle has forwarded the within-enclosed documents spon;c to the subpoena. .

st the time I contacted you, you were.in the process of moving a t, our iirm's new offices at 1800 "M" Street, N.W., and you

.dv5. sed chat it was not then convenient to pick up the documents prot.uced for inspection.

For your . convenience and to ensure that our c.'.icnt has complied .

. _ t). the terms and conditions of the subpoena, I am enu'.osing copics of L11 document s produced by Mr. Engle on behalf. of AMP-Ohio Opi reviewing the documents enclosed, you may conclude th e e the docta.,cnts produced are technically bp> ond - the scope of the su'a-a- .

..sh_ng to :coperate with the Commission's current investi- ,

e cn, Mr. Engic has provided everything which might conceivably soososo7yg /'t

William Bradford Reynolds, quir'e Febru y n, n/o be cov2 red by the request. '

With respect to your request for documentation of the " commit-cent' made by the Power Authority of the State of New York to pro-vide some 30,000 kilowatts of PASNY power to AMP-Ohio, perhaps I can cla'rify the matter for you and the other parties.

In this regard, competing applications were filed by AMP-Ohio, Allegheny Electric Cooperative in Petinsylvania and by the Public When AMP-Ohio discovered Service Board of the State of Vermont.

that C1cveland Electric' Illuminating Company was unwilling to voluntarily wheel PASNY power to the City of Cleveland, Ohio for the account of AMP-Ohio, AMP-Ohio and A11'egheny entered into an agreement which, in effect, merged the AMP-Ohio and Allegheny applications to PASNY. -

The Allegheny-AMP-Ohio Agreement contemplates that, once AMP-Ohio secures the necessary whccling privileges, Allegheny will celcase, subject to approval of PASNY, so'mc 22.7 In themegawatts from meantime, the thirty megawatt allocation to AMP-Ohio.

, Allegheny would have the use of the 30 megawatt allocation for its

• exclit.cive use.

Gince PASNY was advised of these developments.during the pen-e.1cy'of the applications, PASNY never ruled or passed upon AMP-S..i.'. initisi application dventually, PASNY approved the Allegheny application while, tt th : s ..e time, recognizing the existence of the Allegheny-AMP-ic .graem:nt.

Jhc Vermont Public Service Board filed a Complaint with the

- c 1 Pov e Commission requesting that the Federal Power Commis-

.d . :alldcate the 30 megawatts and other PASNY power to Vermont.

N . se ;e entitled, State of Vermont Public C.:rvice Board v.

ic. Authw 1 of the State of New York, F % Docket No. E-8746. ,

.kly 13, 19,3, the Picsiding Administrative Law Judge issued

.3 itial ccision which af firms PASNY'-s allocation to Allegheny.

'clo on Txc.ptiens have been filed by the parties in Docket No.

.-67 t 5 anc tr.c case is new pending b^ fore the Commission.

You may fina the Initial Decision of *.he Administrative Law

-iul e in Docket No. E-8746 instructive,and I am 6nclosing a copy

• I'r our files and information. I particularly invite your atten-de inte-cl o:

to the discussion appearing at pp. 19-21 regardi.'

us s of AMP-Ohio. ~ ~

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--44um uraaford Reynvadsl Esquire February 25, 197'6 If w subpoena,e please can let mebe know.of further assistance 'in complying your w

Si re1y, ,

- p-w Wallace L. Duncan w-WLD:dep Enclosures

" n Wf1iam  ?, Esquire

, Esquire All Parties -

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