ML19340A331
| ML19340A331 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 06/12/1973 |
| From: | Davis F US ATOMIC ENERGY COMMISSION (AEC) |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 8003060993 | |
| Download: ML19340A331 (4) | |
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UNITED STATES OF AMERICA 06/12/73 ATOMIC ENERGY COMMISSION -
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I In the Mattbr of
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THE TOLEDO EDISON COMPANY AND
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CLEVELAND ELECTRIC ILLUMINATING
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Docket No. 50-346 COMPANY
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,(Davis-Besse Nuclear Power Station)
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RESPONSE OF THE AEC REGULATORY STAFF TO T!
PETITION AND AFFIDAVIT OF THE CITY-OF CLEVELA.C, l
OHIO. FOR LEAVE TO INTERVENE e
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l On April 30, 1973, the Commission published a Notice in the Federal Register entitled " Receipt and Consideration of Issuance of Facility License; Opportu,-
nity for Hearing" (38 F.R.10661), regarding the captioned matter. It provided that persons whose interests might be affected could file a petition for leave to
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intervene, on or before May 30, 1973, with respect to the operating license application referred to in the Notice.
On May 30,1973, a " Petition and Affidavit of the City of Cleveland, Ohio, for Leave to Intervene" was filed, which bore Docket No. 50-346A as part of its caption,- Paragraph 3 of said Petition indicates that it was filed in response to the aforementioned Federal Register Notice.
Paragraph 4 of the Petition states.that:
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" Although it appears to Cleveland that intervention in the operating license aspect of the proceeding may n,ot be re-quired to protect Cleveland's rights in the* antitrust review aspects of the proceeding, 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....."
The docket number which the petition bears, the paragraph partially quoted above, and the remainder of the Petition clearly indicate that the petition deals exclusively wit $ antitrust matters. The Commission has made provision for the consideration of antitrust matters in a distinct proceeding (denominated by Docket No. 50-346A) unrelated to the instant proceeding, and Cleveland admits that it "has heretofore filed a petition to intervene in the above-cap-tioned matter (Docket No. 50-346A) in connection with the antitrust review aspects of the application...."
Because the Petition deals only with matters outside the scope of the instant proceeding which was no&ed April 30, 1973, the *egulatory staff believes that Cleveland's Petition should be denied. Its interests will be adequately protected by participation in the separate and distinct antitrust proceedings of the Commission.
Respectfully submitted, 0f h p N h ' Q' h Francis X. Davis Counsel for AEC Regulatory Staff Dated at Bethesda, Maryland
. this 12th day of June,1973.
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UNITED STATES OF AMERICA
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ATOMIC ENERGY COMMISSION In the Matter of
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THE TOLEDO EDISON COMPANY AND
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CLEVELAND ELECTRIC ILLUMINATING
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Docket No. 50-346A I
COMPANY
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(Davis-Besse Nuclear Power Station)
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CERTIFICATE OF SERVICE I hereby certify that copies of " Response of th'e AEC Regulatory Staff to the Petition and Affidavit of the City of Cleveland, Ohio, for Leave to Intervene,"
dated June 12, 1973, in the captioned matter, have been served on the
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following by deposit in the United States mail, first class or air mail, this 12th day of June,1973:
Philip P. Ardery, Esq.
Donald H. Hauser, Esq.
Brown,' Ardery, Todd & Dudley Corporate Solicitor Kentucky Home Life Building The Cleveland Electric j
' Louisville, Kentucky 40242 Illuminating Company l
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Post Office Box 5000 j.
Gerald Charnoff, Esq.
Cleveland, Ohio 44101 Shaw, Pittman, Potts, Trowbridge 910 Seventeenth Street,- N.W.
Joseph J. Saunders, Esq.
Washington, D.C.
20006 Department of Justice l_
Antitrust Division Robert D. Hart, Esq.
Washington, D.C.
20530 Warren D. Hinchee, Commissioner City of Cleveland Reuben Goldberg, Esq.
1201 Lakeside Avenue 1700 Pennsylvania Avenue, N.W.
l Cleveland, Ohio 44114' Washington, D.C.
20006
- Les Henry, Esq.
Benjamin H. Vogler, Esq.
' Fuller, Henry, Hodge & Snyder Antitrust Counsel for Regulatory Staff l
300 Madison Avenue U.S. Atomic Energy Commission l
Toledo, Ohio 43604 Washington, D.C.
20545
' Atomic Safety and Licensing Appeal Boa-d U.S. Atomic Energy Commission Washington, D.C.
20545 Atomic Safety and Licensing Beard Panel U.S. Atomic Energy Commission Washington, D.C. - 20545
.Mr. Frank W. Karas Chief, Public Proceedings Staff Office of the Secretary of the Commission U.S. Atomic Energy Commission Washington, D.C. 20545 O
4 Y l 2.%G-v4 Francis X. Davis Counsel for AEC Regulatory Staff O
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