ML20081K896

Alabama Electric Cooperative Reply to Oppositions Filed to Petition to Intervene.* Informs of Util Intention to Assure Vindication of Proper Legal Principle.W/Certificate of Svc

ML20081K896
Person / Time
Site:	Davis Besse, Perry
Issue date:	06/20/1991
From:	Boskey B, Macguineas D ALABAMA ELECTRIC COOPERATIVE, INC., VOLPE, BOSKEY & LYONS
To:	Atomic Safety and Licensing Board Panel
References
CON-#391-11903 91-644-01-A, 91-644-1-A, A, NUDOCS 9107020110
Download: ML20081K896 (6)

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UNITED STATES OF AMERICA E NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

OHIO EDISON CO.; THE CLEVELAND ) Docket Nos. 50-440A ELECTRIC ILLUMINATING CO.; THE ) and 50-346A TOLEDO EDISON CO. (NOTICE OF i DENIAL OF APPLICATIONS FOR ) ASLBP No. 91-644-01-A AMENDMENTS TO FACILITY OPERATING )

LICENSES AND OPPORTUNITY FOR )

HEARING) )

)

(Perry Nuclear Power Plant Unit 1, )

and Davis-Besse Nuclear Power )

Scation, Unit 1) )

ALABAMA ELECTRIC COOPERATIVE'S REPLY TO OPPOSITIONS FILED TO ITS PETITION TO INTERVENE The Oppositions filed to our Petition To Intervene are premised on far too cramped an interpretation of the proper scope of intervention in an administrative agency proceed-ing before this Commission. Under applicable standards Alabama Electric Cooperative should clearly be permitted to intervene, either as a matter of right or on a permissive basis. See, e.g., National Resources Defense Council v.

U.S. Nuclear Reculatory Commission, 578 F.2d 1341, 1343-1346 (10th Cir. 1978); Portland General Electric C_ompa_ny, 4 N.R.C. 610, 613-617 (1976).

9107o2011o 910620 PDR ADOCK 05000346 13 G PDR D

.7 The suggestion by Ohio Edison that the positions of the staff and of the Department of Justice will adequately protect Alabama Electric Cooperative's substantial and important interests in this proceeding seems especially ironic in view of the fact that Ohio Edison is seeking to have the positions of those two parties totally disregarded as " tainted." Moreover, the Staff and the Department of Justice have their own separate obligations to the public, and cannot be counted on with assurance to be the appro-priate advocates for the positions which Alabama Electric Cooperative believes it important to sustain.

The suggestion that the City of Cleveland can, or would, adequately protect Alabama Electric Cooperative's interests in this proceeding is wholly speculative, and in any event would place an unfair burden on the City of Cleveland and would subject Alabama Electric Cooperative to an unfair deprivation.

In order to make it clear that the intervention of Alabama Electric Cooperative would not unduly encumber or delay the_ proceeding, we take this opportunity to inform the Board and the parties that we would not plan to offer

-any evidence or to cross-examine any witnesses on matters relating to the economics of the Perry and Davis-Besse nuclear plants. Alabama Electric Cooperative would have no 2

l objection to an intervention order which limited the Cooperative's participation so as to exclude such matters; l l

what is of interest to Alabama Electric Cooperative in this )

l proceeding is to assure that the proper legal principle is vindicated no matter what facts are postulated. Moreover, the long experience which Alabama Electric Cooperative has suffered, during nearly two decades of active and contested litigation before the Commission and the Courts, in sustaining appropriate antitrust principles applicable to nuclear power plants puts the Cooperative in e unique position to contribute to the proper outcome of this proceeding.

Respectfully submitted, in 49

'D. Biard 2acGu eas AAY Bennett Boskey hN Volpe, Boskey and Lyons 918 16th Street, N.W., #602 Washington, DC 20006 Tele.: (202) 737-6580 On behalf of Alabama Electric Cooperative, Inc.

June 20, 1991 3

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b.v t UNITED STATES OF AMERICA .g) ,g; 21 [;s 25 NUCLEAR REGULATORY COMMISSION 4

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

OHIO EDISON CO.; THE CLEVELAND ) Docket Nos. 50-440A ELECTRIC ILLUMINATING CO.; THE ) and 50-346A TOLEDO EDISON CO. (NOTICE OF )

DENIAL OF APPLICATIONS FOR ) ASLBP No. 91-644-01-A AMENDMENTS TO FACILITY OPERATING )

LICENSES AND OPPORTUNITY FOR )

HEARING) )

)

(Perry Nuclear Power Plant Unit 1, )

and Davis-Besse Nuclear Power )

Station, Unit 1) )

CERTIFICATE OF_ SERVICE I hereby certify that copies of the Petition Of Alabama Electric Cooperative, Inc. For Leave To Intervene in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, or as otherwise indicated and in accordance with 10 CFR S2.712, this 20th day of June 1991.

Marshall E. Miller, Chairman 1920 South Creek Boulevard Spruce Creek Fly-In Daytona Beach, Florida 32124

• Charles Bechhoefer Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop EW 439 Washington, D.C. 20555 4

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• John H. Frye, III Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop EW 439 Washington, D.C. 20555

• Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Mail Stop EW 439 Washington, D.C. 20555

• Samuel J. Chilk, Secretary Office of the Secretary U.S. Nuclear Regulatory Commission Mail Stop OWFN 16G15 Washington, D.C. 20555 Attention: Docketing and Service Branch

• Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop EW 439 Washington, D.C. 20555

• Joseph Rutherg Sherwin E. Turk Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop OWFN 15B18 Washington, D.C. 20555

• Thomas E. Murley, Director Office of Nuclear Reactor Regulation United States Nuclear Regulatory Commission Mail Stop OWFN 12G18 Washington, D.C. 20555 Mark C. Schechter, Chief Transportation, Energy and Agriculture Section Antitrust Division U.S. Department of Justice 555 Fourth Street, N.W.

Room 9816 JCB Washington, D.C. 20001 5

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4.

Janet Urban, Esq U.S. Department of Justice Antitrust Division Room 9816 JCB 555 4th Street, N.W.

Washington, D.C. 20001 James P. Murphy, Esq.

Michael J. Mishkin, Esq.

Squire, Sanders & Dempsey 1201 Pennsylvania Avenue, N.W. ,

P.O. Box'407 Washington, D.C. 20044 Craig S. Miller, Director of Law City Hall, Room 106 601 Lakeside Avenue Cleveland, Ohio 44115 Reuben Goldberg, Esq.

Channing D. Strother, Jr., Esq.

Goldberg, Fieldman & Letham, P.C.

1100 Fifteenth Street, N.W.

Washington, D.C. 20005 Gerald Charnoff, Esq.

Margaret S. Spencer Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.

Washington, D.C. 20037 4

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D. Blard Ma'Guitieas c Volpe, Baskey and Lyons 918 16th Street, N.W., #602 Washington, DC 20006 Tele.: (202) 737-6580 On behalf of Alabama Electric Cooperative, Inc.

June 20, 1991 1 6 l

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