ML19329D416

Forwards Applicants' Reply to Coalition for Safe Nuclear Power & AEC Proposed Findings of Fact & Conclusions of Law. Suggests Revisions

ML19329D416
Person / Time
Site:	Davis Besse
Issue date:	08/28/1973
From:	Silberg J SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Farmakides J, Hand C, Shon F BODEGA MARINE LABORATORY, Atomic Safety and Licensing Board Panel
Shared Package
ML19329D417	List: ML19329D416 ML19329D421
References
NUDOCS 8003060792
Download: ML19329D416 (2)

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...,..........e John B. Farmakides, Esq.

Atomic Safety and Licensing Boa.-d U.S. Atomic Energy Commission Washington, D.C. 20545 Dr. Cadet H. Hand, Jr.,

Bodega Marine Laboratory University of California P.O. Box 247 Bodega Bay, California 94923 Mr. Frederick J. Shon Atomic Safety and Licensing Board U.S. Atomic Energy Commission Washington, D.C. 20545 Re: The Toledo Edison Company and The Cleveland Electric Illuminating Company (Davis-Besse Nuclear Power Station) , Docket No. 50-346 Gentlemen:

Enclosed is Applicants' Reply to the Coalition's and the Staff's Proposed Findings of Fact and Conclusions of Law.

As indicated in Applicants' Reply, we believe that the Staff's Proposed Findings are generally in accord with the record of this proceeding. Applicants have no objection to the Staff's proposed findings 11, 26A, 28, 36, 45, 53, 57, 59, 71, 75, 76, 106A, 108-110. With respect to the Staff's paragraphs 5 and 12, we feel that Applicants' proposed findings 5-10,12-14 and 17 more fully describe the record 8003ogg7pg 0

9 John B. Farmakides, Esq.

Dr. Cadet H._ Hand, Jr.

Mr. Frederick-J. Shon Augus t 2 8, 1973 Page Two of this proceeding and that rulings on the various motions described in Applicants ' findings should be set forth in the Initial Decision. As to the Staff's paragraph 31, the final sentence in Applicants' proposed finding 31, deleted by the Staff, accurately represents the record. The last two sentences of the Staff's proposed finding 33 leave the impression that Applicants ' witness , in discussing Consolidated Edison 's Save-a-Watt program, did not differentiate between the savings due to voltage reductions and those due to the advertising program. Because Applicants' witness testified that Consolidated Edison had not made that differentiation, Tr. 292-293, the next-to-last sentence should read, "The Applicants' witness,-on the other hand, testified that Consolidated Edison indicated that any reductions ..."

In the final sentence, "Despite this apparent discrepancy" would then be deleted. The last sentence of Applicants' proposed finding 69, deleted in the Staf f's substitute, accurately reflects the record. Finally, while the Staff's paragraph 70 is not inconsistent with Applicants' proposed finding 70, - we believe that the latter more clearly and specifically analyzes the record.

Very truly yours,

/Q Ja m. 4ilberg i Co elfforApplicants cc: Joseph F. Tubridy, Esq.

Dr. Harry Foreman Russell Z. Baron, Esq.

Mr. Frank W. Karas Francis X. Davis, Esq.

Encl:

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