ML20082B251
| ML20082B251 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 07/03/1991 |
| From: | Straus D AMERICAN MUNICIPAL POWER-OHIO, INC., SPIEGEL & MCDIARMID |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#391-11945 A, NUDOCS 9107150067 | |
| Download: ML20082B251 (7) | |
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UNITED STATES OF AMERICA *9] J1,g P 6 :12 NUCLEAR REGULATORY COMMISSION BEFORE THE-ATOPIC SAFETY AND LICENSINGiBOARDi In the Matter of
)
)
OHIO EDISON COMPANY
)-
)
-(Perry' Nuclear Power Plant,
).
Unit 1) and
)
Docket Nos. 50-3#6A
)
50
OA CLEVELAND ELECTRIC
)
ILLUMINATING COMPANY, 31_al
)
)
(Perry' Nuclear Power Plant,
)
Denial of Applications
' Unit 1, and. Davis-Besse
)
1N) Suspend Antitrust Nuclear Power Station,
)
License Conditions
_ Unit.1)
)
'f PETITION OF AMERICAN MUNICIPAL POWER-OHIO, INC.
FOR' LEAVE TO INTERVENE
' Pursuant to the Notice dated June 13, 1991, and. printed in the Federal Register on June 20,-1991 (56 F.R.
28426),
American Municipal Pcwer-Ohio, Inc.
(" AMP-Ohio") hereby petitions for-leave to intervene in this proceeding.
Communications concerning-this docket should be sent-to:
5 3
c" David R.
Straus, Esq.
cm
-Spiegel & McDiarmid-9 1350 New York Avenue, N.W.
3:
Suite 1100 d,
M Washington, D.C.
20005-4798 3
m-Kennetn.L. Hegemann, P.E.
Q3 President' G
American Municipal Power-Ohio, Inc.
601 Dempsey Road P.O.
Box 549 Westerville, Ohio 43081 h
9107150067 910703 h
PDR ADOCK 05000346 M
I f
I
-2 in support hereof, AMP-Ohio respectfully shows as follows:
AMP-Ohio was incorporated in 1971 as a corporation not for profit for the purposes, among others, of generating, purchasing, acquiring, transmitting and selling electric power and resources to, and promoting the interests of, municipal electric utility systems in Ohio.
It is operated on a cooperative basis for the mutual benefit of its members, each of which is a political subdivision of the State of Ohio that owns and oparates an electric utility system.
Of the 84 municipal electric utilities in Ohio, aeventy-five are AMP-Ohio members.
All of the municipal electric systems within the transmission service areas of Ohio Edison, Toledo Edison and Cleveland Electric Illuminating Company are members of AMP-Ohio and therefore are direct beneficiaries of the license conditions about which these utilities complain.
When this case began, approximately eighteen years ago, AMP-Ohio was a fledgling association with little actual participation in the Ohio electric industry. 1/ Since that time, however, and especially in the past decade, AMP-Ohio has developed into a major player in the electric utility industry in Ohio, and on behalf of its members it generates electric power and energy at two generating stations, coordinates and develops 1/ In fact, the record herein will show that AMP-Ohio sought and was granted intervention early in this proceeding but later withdrew, principally because it was hoped that the city of Cleveland's active participation would be adequate, given AMP-Ohio's limited resources, to protect the interests of the other municipal electric systems in Ohio.
t
. l power supply and interchange arrangements, purchases electric power and energy, sells wholesale power and energy (both generated and purchased from others) to its members and furnishes technical and educational services to municipal electric systems around the state.
Beginning in 1983, AMP-Ohio became the full requirements power supplier to thirty-four of Ohio's municipal electric systems, including the twenty-one systems which formerly were wholesale customers of Ohio Edison (the "WCOE Group" referrod to in the Commission's earlier orders in this docket) and the thirteen municipal electric systems which formerly were wholesale customers of Toledo Edison.
It serves partial requirements power or transmission service to approximately 40 other municipal systems in the state, including the two municipal electric systems in the Cleveland Electric Illuminating Company transmission area.
In 1990, AMP-Ohio sold 3.25 billion kilowatthours to seventy-three municipal power systems, with revenues from such sales in excess of $100 millicn.
It is indisputable from the facts set forth above that AMP-Ohio, on its own behalf and on behalf of its members, has a substantial interest in the outcome of this proceeding.
In order adequately to serve those members and meet its contractual obligations, AMP-Ohio must have access to power, transmission and coordination services mandated by the license conditions, some of which are now provided by the three applicants here.
If, as Ohio Edison, Toledo Edison and CEI insist, license conditions can l
y t
-4 disappear and reappear with shifting economics of electric generation, AMP-Ohio's future and the future of competition in Ohio's electric industry will be seriously jeopardized.
Accordingly, because AMP-Ohio and its members were precisely the entitics for whose benefit the license conditions were imposed, it is clear that they meet the standards for intervention and that this petition should be granted. 2/
Wherefore, for the foregoing reasons, AMP-Ohio respectfully requests that it be permitted to intervene in this proceeding and participate fully with respect to all of the 2/ Based upon the June 20 Federal Recister Notice citv' above, it appears that this intervention is timely.
We do note, however, that an earlier notice (56 F.R.
20057), now superseded, established May 31, 1991, as the date both for requesting a hearing and for intervening in this docket.
Although we believe that, pursuant to the later notice, this petition is timely, even if it were not, it should be granted under the standards of section 2.714 (a) (1) of the Commission's regulations, 10 CFR S 2.714 (a) (1).
Neither AMP-Ohio nor its counsel was served with either of the requests for hearing, despite having been served with earlier pleadings in this docket based upon its early participation in the comment phase, and it seemed pointless to intervene if no party sought a hearing.
AMP-Ohio has no other means to protect its interests other than to participate actively in this docket, as it has done to date, filing comprehensive oppositions to the Ohio Edison and Toledo Edison /CEI requests for suspension (on April 6, 1988, and July 13, 1988, respectively).
Although the city of Cleveland (which has petitioned to intervene) is a member of AMP-Ohio and has similar interests, AMP-Ohio's interests are far broader, because it represents all of the state's municipal electric systems and has direct dealings with all three of the applicants.
AMP-Ohio's participation will neither broaden the issues in this case nor delay the proceedings; rather, AMP-Ohio's participation will increase the efficiency of this proceeding by assuring that all those with substantial intern st participate.
Thus, while this petition is not out of time, it should be granted even if it were.
t l
s I issues and all of the subjects raised in the Ohio Edison, Toledo Edison and CEI requests for hearing.
Respectfully submitted, 1
A V
Of Counsel:
V-John Bentine, Esq.
David R.
Straus Chester, Hoffman, Willcox
& Saxbe Attorney for American 17 S.
High Street Municipal Power-Ohio, Inc.
Columbus, Ohio 43215 (614) 221-4000 SPIEGEL & McDIARMID 1350 New York Avenue, N.W.
Suite 1100 Washington, D.C.
20005-4798 (202)879-4000 July 3, 1991
_. _~.-_.
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.. n :. ; i i-t%d UNITED STATES OF AMERICA 91 JL -5 P6 :13 NUCLEAR REGULATORY COMMISSION b'
'si
\\
. L L :t t i
BEFORE THE ATOMIQ. SAFETY AND LICENSINGiBOAR g
>tH3 In the Matter of
)
)
OHIO EDISON COMPANY
)
)
(Perry Nuclear-Power Plant,
)
Unit 1) and
)-
Docket Nos. 50-346A j
)
50-440A-CLEVELAND ELECTRIC
)
ILLUMINATING COMPANY, et al.
)
)
(Perry' Nuclear Power Plant,
)
Denial of Applications Unit 1, and Davis-Besse
)
To suspend Antitrust Nuclear Power Station,
)
License Conditions i
Unit-1)
)
i CERTIFICATE OF SERVICE I hereby certify that on this 3rd day of July, 1991, a copy of the foregoing Petition'of American Municipal.Powor-Ohio, Inc..for Leave to' Intervene was served upon each of the following by first-class mail:
Marshall E. Miller, Esq.
John H. Frye, Esq.
Chairman-Administrative Judge 1920 South Creek Boulevard Atomic Safety and Licensing Spruce' Creek Fly-In Board Daytona Beach, FL 32124 U.S.
Nuclear Regulatory Comm.
Washington,-D.C.
20555 Charles Bechhoefer, Esq.
Administrative Judge Joseph Rutberg, _Esq.
Atomic Safety and Licensing Sherwin E. Turk, Esq.
Board Office of the General Counsel U.S.
Nuclear Regulatory Comm.
U.S.
Nuclear Regulatory Comn.
Washington, D.C.
20555 Washington, D.C.
20555-
_p
-- Q 4 Mark C.
Schechter Antitrust Division Department-of-Justice Judiciary Center Building 555 Fourth Street, N.W.
Washington, D.C.
20001 James P. Murphy, Esq.
Squire, Sanders & Dempsey 1201 Pennsylvania Avenue, N.W.
P.O.
Box 407 Washington, D.C.
20044 D.-Biard MacGuineas, Esq.
Volpe,-Boskey-and Lyons 918 Sixteenth Street, N.W.
Washington, D.C.
20006 Craig S.-Miller June W. Weiner _
William M. Ondrey Gruber-City Hall Room 106 601 Lakes 1de Avenue Cleveland,-Ohio 44115 Reuben Goldberg, Esq.
Channing D. Strother,- Jr., Esq.
Goldberg,-Fieldman & Letham 1100 Fifteenth Street, N.W.
Washington, D.C.
20005 Gerald Charnoff, Esq.
Shaw, Pittman, Potts &
Trowbridge
-2300 N Street, N.W.
Washington,-D.C.- 20037 Gkh8 Dkfld R.
Straus Spiegel & McDiarmid 1350 New York Avenue, N.W.
Suite 1100 Washington, D.C.
20005-4798-1
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