ML19329D473

Responds to City of Cleveland'S Petition to Intervene. Recommends Denial.Certificate of Svc Encl

ML19329D473
Person / Time
Site:	Davis Besse
Issue date:	06/04/1973
From:	Charnoff G CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO.
To:	US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 8003090103
Download: ML19329D473 (4)

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June 4, 1973 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of )

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THE TOLEDO EDISON COMPANY )

and THE CLEVELAND ELECTRIC ) Docket No. 50-346 ILLUMINATING COMPANY )

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(Davis-Besse Nuclear Power )

Station) )

APPLICANTS' RESPONSE TO PETITION FOR LEAVE TO INTERVENE OF THE CITY OF CLEVELAND, OHIO

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1. On April 30, 1973, a Notice of Receipt of Application for Facility Operating License, Notice cf Consideration of Issuance of Facility License,.and Notice of Opportunity for Hearing was published in the Federal Register. 38 Fed. Reg. 10661. The notice provided that any person whose interest may be affected could file a petition for leave to intervene with respect to the operating license application.

2. On May 30, 1973, the City of Cleveland, Ohio, filed a. petition for leave to intervene with respect to the operating license application *, accompanied by an affidavit of the City's Director of its Department of Public Utilities.

The petition, although identified as being filed in

-Docket No. 50-346A'(the anti-trust proceeding for this facility) is. clearly intended as a submission with respect to the operating license application.

8003090103 6-

The petition clearly relates to the anti-trust proceeding already under way and should be denied.

3. Anti-trust matters relating to the issuance of a construction permit or operating license are treated by the Commission in a separate proceeding. Different docket numbers are assigned for the anti-trust proceeding (e.g.

Docket No. 50-346A). Separate Federal Register notices are published for anti-trust matters. For the Davis-Besse facility, notices of the application for cons truction permit were published on December 11, 1970 (35 Fed. Reg. 18889),

December 18, 1970 (35 Fed. Reg. 19201), December 25, 1970 (35 Fed. Reg. 19643), and January 1, 1971 (36 Fed. Reg. 28).

Notice of Receipt of the Application and of the Time for Submission of Views on Anti-trust Matters was published on January 9, 1971 (36 Fed. Reg. 334). Finally, a Notice of

. Receipt of Advice and Time for Filing of Petitions to Intervene on Anti-Trust Matters was published on September 3, 1971 (36 Fed. Reg. 17888).

4. As the City acknowledges in its Petition, para. 4, the City has already filed a petition for leave to intervene on anti-trust matters relating to the Davis-Besse facility. Nevertheless, the City has now petitioned to intervene with respect to the Davis-Besse operating license application. The City admits that the instant petition relates only to anti-trust matters and that its sole purpose in filing it was to guard its anti-trust interests.

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Although it appears to Cleveland that intervention in the operating license aspect of the proceeding may not be required to protect Cleveland's rights in the anti-trust review aspects of the pro-ceeding, out of an abundance of caution the instant petition and affidavit are filed fully to protect and preserve the rights of Petitioner in these proceedings.

Cleveland's petition to intervene and all matters filed by Petitioner in support of its intervention in the anti-trust review aspects of the proceeding are incorporated herein and made a part hereof.

Petition, para. 4. Since the only matters which the City's Petition seeks to raise are those within the scope of the anti-trust proceeding in Docket No. 50-346A, Applicants respectfully request that the Petition be denied.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By /,_m . 'N bY2G Gerald Charnoff y Jdy E. dilberg U Counsel for Applicants Dated: June 4, 1973 l

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the' Matter of )

)

THE TOLEDO EDISON COMPANY )

and THE CLEVELAND ELECTRIC ) Docket No. 50-346 ILLUMINATING COMPANY )

)

(Davis-Besse Nuclear Power )

Station) )

CERTIFICATE OF SERVICE I.hereby certify that copies of " Applicants' Response to Petition for Leave to Intervene of the City of Cleveland, Ohio" have been served as follows this 4th day of June, 1973.

By Hand Delivery Mr. Frank W. Karas By Deposit in U.S. Mail Chief, Public Proceedings Branch Judge Herbert R. Whiting, Office of the Secretary Director U.S. Atomic Energy Commission Robert D. Hart, Assistant Washington, D.C. 20545 Director Department of Law Atomic Safety and Licensing City Hall Appeal Board Cleveland, Ohio 44114 U.S. Atomic Energy Commission Washington, D.C. 20545 Reuben Goldberg, Esq.

David C. Hjelmfelt, Esq.

Atomic Safety and Licensing 1700 Pennsylvania Avenue, N.W.

Board Panel Washington, D.C. 20006 U.S. Atomic Energy Commission Washington, D.C. 20545 Joseph F. Scinto, Esq.

Office of General Counsel U.S. Atomic Energy Commissicn Washington, D.C. 20545

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Jayf lberg ,

Counsel for Applicants

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