ML20083B358
| ML20083B358 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 09/04/1991 |
| From: | Lambros D, Ottinger G BROOK PARK, OH, DUNCAN & ALLEN (FORMERLY DUNCAN, ALLEN & TALMAGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#391-12178 A, NUDOCS 9109250054 | |
| Download: ML20083B358 (9) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
't%fP llEFORE THE ATOMIC SAFETY AND LIClNSING E.0AltD
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In the Matter of
)
)
OHIO EDISON COMPANY
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Docket Non. 50-346A (Perry Nuclear Power Plant, )
50-440A Unit 1)
)
)
and
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DENIAL OF APPLICATIONS FOR
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OL AMENDMENTS TO SUSPEllD CLEVELAND ELECTRIC
)
ANTITRUST LICENSE CONDITIONS ILLUMINATING COMPANY, et al.,
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(Perry Nuclear Power Plant, )
Unit 1, and Davis-Besso
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Nuclear Power Station,
)
Unit 1)
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CITY OF BROOK PARX'S SUPPLEMENT TO PETITION FOR LEAVE TO INTERVENE l
IHIRODUCTIOf{
In accordance with 10 C.F.R. Section 2.714 the City of Brook Park, Ohio requests leave to file additional information as to why it should be granted leave to intervene in the above stated cas9.
DACKGROVEQ In 1987, the Ohio Edison Company, and in 1988 the Cleveland Electric Illuminating Company ("CEI") and the Toledo Edison Company submitted applications to amend the operating licenses for Perry Unit i and Davis-Besse Unit 1, as they applied to those licensees.
Specifically, the applicants sought to suspend the antitrust conditions contained in their 9109250054 910904 ph ADOCH05000gg6 Jg DR
i 0 licenses, which vore imposed following a determination that activities under the licenses would create and maintain a situation inconsistent witht he antitrust laws.1/
1 On April 24, 1991, the licenseos' requestn for i
amendment were denied by the Director of the Office of Nuclear Reactor Regulation.2/
On May 1, 1991, the Commission published a Notice of Denial of Applications for Amendments to Facility Operating Licenses and Opportunity for Hearing
("Notico") in the Federal Register, providing that by May 21, 1991, the licensees may demand a hearing with respect to the denial, and any person whose interest may be affected by the proceeding may file a written petition for leave to intervene.2/
The licensees filed requests for a hearing by the May 31 deadline, and other persons filed petitions for leave to intervene by that deadline or shortly thereafter.
The City of Brook Park subsequently filed its petition on August 8, 1991.
1/
Toledo Edison Co. (Davis-Besse Nuclear Power Station, Units-1, 2,
and 3), ALAB-560, 10 NRC (1979), aff'g LDP-77-1, 5 NRC 133 (1977).
2/
See Letter from Thomas E. hurley, Director, Office of Nuclear Reactor Regulation, to Michael D.
Lyster and Donald C.
Shelton (Apr. 24, 1991).
2/
56 Fed. Reg. 20057 (May 1, 1991).
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-3 G1ECRESEli Any person or entity that wishes to intervene in a Conmission proceeding must demonstrate standing to do so.
In brief, under applicable Commission procedent, a petitioner must show (a) that the action will cause " injury in fact" and (b) that the injury is " arguably within the zone of interests" protected by the statutes governing the proceeding.
The Commission's rules provide that:
liontimely filings will not be entertained absent a determination by the commission, the presiding officer or the Atomic Safety and Licencing Board designated to rule on the petition.
. that the petition.
chould be granted based upon a balancing of the following factors in addition to those set out in paragraph (d) (1) of this section:
(1)
Good cause, if any, for failure to file on time.
(ii)
The availability of other means whereby the petitioner's interest will be protected.
(iii)
The extent to which the petitioner's participation may reasonably be expected to assist in developing a sound record.
(iv)
The extent to which the petitioner's interest will be represented by existing parties.
(v)
The extent to which the petitioner's participation will broaden the issues or delay the proceeding.
With respect to all factors stated above, the City of Brook park, Ohio requests that its motion for leave to intervene be granted based on the following:
I
l 4
--4 1.
Tha City of Brook Park (hereinafter "the City")
paseod ordinances on June 25, 1991 for the solo purposo of studying the municipalization of electric power.
2.
As a result of said ordinances, the City has agreed to pay courtnoy & Associates, a public utility consultan.t, the sum of $30,000.00.
14 Also, as a result of said ordinances the City has agreed to pay Dennis J. Kucinich, a private consultant, t
$25,000.00.
4.
Since the City did not enact its ordinances to study the establishment of a municipal electric system until
(
4 l
June 25, it had no reason to follow the activities of this I
F case before that time.
j 5.
The City filed its petition for leave to i
Jr.te'cVere in early August, as soon as preliminary results of its study suggested that its ratepayers and citizens might be able to benefit from a municipal electric system and the competition it could bring.
It would have been inappropriato
- to expend municipal funds for this purpose before that time.
C.
Since the City did not file a notion to intervene until August 8, 1991, it was unaware of any motion deadlinos.
l 7.
The City is not an American Municipal Power-Ohio, Inc. member and therefore would not be properly i
represented by their organization.
8.
The City agrees to accept the record as exists.
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The City will not delay the proceedings in any way.
i 10.
If the city's intencions would have beun to I
create a municipal power system prior to June 1, 1991, a timely motion would have been filed.
11.
The city has no other avenue whereby its interest will be protected.
To summarize the above and the reasons stated in the City's original petition, the City has a real interest in and will be affected by the outcome of these proceedings.
The City is within the zone of interest protected by the antitrust conditions because it is an entity located with CEI's service territory and may need the protection of the an*.itrust conditions to obtain access to the bulk power market and to further competition (and to protect it from conditions inconsistent with the antitrust laws) in '4o region.
Moreover, the establishment of a municipal electric system will require some or all of interconnection, power sales, and transmission services from CEI.
Suspension of the antitrust conditions will cause injury in fact by making such services more difficult (and perhaps Jmpossible) to obtain on reasonable torno.
Also, the City has expended considerable funds on its study and should be given the right to protect that investment by being granted intervonor status in this proceeding.
Finally, AMP-Ohio's membership does not include
e 4
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all the municipal electric systems in Ohio and it does not include Bruck Park.
No other party can adequately represent Brook Park's interests.
CONCLUSION In consideration of the forogoing, the Petition of l
the City of Brook Park, Ohio for leave to intervono should be granted.
Respectfully submitted,
'l0 f
it!tt
.,J2s
- rWF e
Gregg(pfOttinger' David A. Lambros, V
Duncarf & Allen Law Director, - City of Brook Park 1575 Eye Street, N.W.
61f. Engle Road Washington, D.C.
20005 Brook Park, Ohio 44142 Telephonor (202) 289-8400 Telephones (216) 433-1300 i
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UNITED STATES OF AMERICA DEFORE THE n.
NUCLEAR REGULATORY COMMISSION
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-l, Pi ~d In the Matter of Ohio Edison company (Pory Nuclear Docket Hos. 50-440A Power Plant, Unit 1) and Cleveland and 50-346A Electric Illuminating Company, et al. :
(Perry Nuclear Power Plant, Unit 1 ASLBP No. 91-644-01A and Davis-Desse Nuclear Dover Station. Unit 1)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Petition of City Of Brook Park, Ohio For Leave To Intervene" have been served upon the carties or their attorneys on the attached Service List, this 4th day of September, 1991, by deposit in the Uniced States Mail, first class, postage prepaid, or by hand or Federal Express, as indicated on the Service List.
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Grejg bflottingir i
Duncdn & Allen 1575 Eye Street, N.W.
Suite 300 Washington, D.C.
.0005 Telephone: (202) 289-8400
- _ _ _ _ = _. -.
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UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGUIJTORY COMMISSION
)
In the Matter of
)
Ohio Edison Company (Perry Nuclear
)
Docket Nos. 50-440A Power Plant, Unit 1) and Cleveland
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and 50-346A Electric filluminating Company, et al. )
)
(Perry Nuclear Power Plant, Unit 1
)
ASLDP No. 91-644-OlA and Davis-Desso Nucicar Power
)
Ti t A l l o n. U q i.t _ 1 j_,
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EEEy1CE LIS_T
- Joseph Rutherg, Esq.
James P.
Murphy, Esq.
Steven R. Hom, Esq.
Michael J. Mishkin, Esq.
Sherwin E. Turk, Esq.
Squire, Sanders & Oompsey Office of.the General Counsel 1201 Pennsylvania Ave.,
N.W.
U.S. Nuclear Regulatory Washington, D.C.
20004 Commission One White Flint North 11555 Rockville Pi/.e Rockville, Maryland 2085?
Janet Urban, Esq.
Gregg D. Ottinger, Esq U.S. Department of Justice Duncan & Allen Antitrust Division 1575 Eye Street, N.W.
Room 9816 JCB Suite 300 555 4th Street, N.W.
Washington, D.C.-
20005 Washington, D.C.
20001 David R. Straus, Esq.
Hon. Howard M. Metzenbaum Spiegel & McDiarmid United States Senate 1350 New York Ave.,
N.W.
Washington, D.C.
20510 Washington, D.C.
20005 Justin T. Rogers, Jr.
Anne Mario Gibbons, Esq.
President American Public Power Ohio Edison Company Association 76 South Main Street 2301 M Street, N.W.
Akron, Ohio 44308 Third Floor Washington, D.C.
20037 Gerald Charnoff, Esq.
- Marshall E. Miller Shaw, Pittman, Potts Chairman
& Trowbridge 1920 South Creek Boulevard 2300 N Street, N.W.
Spruce Creek Fly-In Washington, D.C.
20037 Daytona Beach, Florida 32124 i
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- Charles Bechhoofer Atcinic Safety and Licensing Administrative Judge Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Comm.
Board West Towers Building U.S. Nuclear Regulatory Corn.
4350 East-West Highway West Towers Building Bethesda, Maryland 20814 Bethesda, Maryland 20814
- c.
Paul Bollwerk, III B.
Paul Cotter, Jr.
Administrativo Judge Chief Administrative Judge Atomic Gafety and Atomic Safety and Licensing Licensing Board Board Panel U.S. Nuclear Regulatory West Tower Building Commission 4350 East West Highway West Towers Building Fourth Floor 4350 East-West Highway Bethesda,-Maryland 20814 Bethesda, Maryland 20814
- Samuel J.
Chilk-h'enneth L. Hegemann, P.E.
Secretary of the Commission President U.S. Nuclear Rogalatory American Municipal Power-Ohio, commission Incorporated Ono White Flint North 601 Dempsey Road Mail Stop 16 G15 P.O.
Box 549 11555 Rockville Pike Westerville, Ohio 43081 Rockville, Maryland 20852 Gerald Charnoff, Esq.
Mark C. Schechter Shaw, Pittman, Potts Antitrust Division
& Trowbridge Department of Justice 2300 N Street, N.W.
Judiciary Center Building Washington, D.C.
20037 55S Fourth Street, N.W.
Washington, D.C.
20001 D. Biard MacGuineas, Esq.
Reuben Goldberg Volpe, Bosko and Lyons Channing D. Strother, Jr.
918 16th Street, N.W.
Goldberg, Fieldman &
Suite 602
- Lotham, P.C.
Washington,D.C.
20006 1100 Fifteenth Street, N.W.
Washington, D.C.
20005 David A.
Lambros, Esq.
June W. Wiener Law Director Chief Assistant Director City of Brook Park of Law 6161 Engle Road City Hall, Room 106 Brook Park, Chio 44142 601 Lakeside Avenue Cleveland, Ohio 44115 l
By Hand Delivery
- By Federal Express l
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