ML20090H090

Forwards CR Lowman 840725 Response to Alabama Power Co Re Enforcement Proceeding.Certificate of Svc Encl

ML20090H090
Person / Time
Site:	Farley
Issue date:	07/25/1984
From:	Macguineas D ALABAMA ELECTRIC COOPERATIVE, INC., VOLPE, BOSKEY & LYONS
To:	Asselstine J, Palladino N, Roberts T NRC COMMISSION (OCM)
References
A, NUDOCS 8407260113
Download: ML20090H090 (4)

Text

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, en VOLPE, BOSKEY AND LYO N S WORLD CENTER BUILDING 918 16?? ST R E ET, N. W.

WASHINGTON, 0. C. 2OOO6 JOSEPH VOLPE, JR. [C(XE[T3 (202)737-6580

• C ENNETT SOSMEY 1 N5b ELLIS LYONS EDWARD A.GROOBERT

c. e:ARD wacGuiNEAS '84 JUI. 25 P2:03 CDwiN E. HUDDLESON,III d

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FATRICIA A. MAV ER f} Q g _ j j g , q }{E ,

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Nunzio J. Palladino, Chairman 1% :. 0 '. . , h ,Nfgf

, [Vg Commissioner Thomas M. Roberts Commissioner. James K. Asselstine Commissioner Frederick M. Bernthal Commission Lando W. Zech, Jr.

U.S. Nuclear Regulatory Commission

' Washington, D.C. 20555 Re: Alabama Power Company (Joseph M. Farley Nuclear Plant, Units 1 and 2), Operating Licenses Nos. NPF-2 and NPF-8; Enforcement Proceeding

Dear Sirs:

In view of the fact that Alabama Power Company has seen fit to file with the Commission a letter dated July 23, 1984, written on its behalf to Mr. Lowman of Alabama Electric Coop-t erative, we.are filing herewith Mr. Lowman's response to that letter from the Company. ,

Sincerely yours, e, Ad /'- _m D. Biard MacGuineas Counsel to Alabama Electric Cooperative, Inc.

cc: (with enclosure)

'As per attached certificate of Service 8407260113 840725 PDR ADOCK 05000348 M PDR u.

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Cha R.Lomren g

gj G=d W n July 25,1984 0 A- cDw if WNht  ;

i Mr. B. J. Crawford, Manager '84 4125 P2:03 Goverrnent & Wolesale Service Alahme Power Campany py. - . _ . . . .

P. O. Box 2%1 4 ' mG i:o I Birmingham, AL 35291 Nc" 0

Dear Bob:

his is in response to the letter to me dated July 23, 1984 signed by you.

Dere is a great deal in that letter concerning our meeting held on June 20 tich does not correspond with the understanding Jim Vann and 1 had of what took place. Lhat you say is so erroneous that it is hard to believe we could have been present at the same meeting.

i 1 don't think it would be useful at this stage to go into great detail to state sat appear to me to be the serious errors in your letter. But there is one point that I must respond to. You say in your letter that "before we even spoke at that meeting (June 20), you advised us of your intent to go to Washington the following week to '

visit NRC officials to file a petition for enforcanent." I never said I was planning to go to Washington to meet with the NRC. Nor did 1 say anything that could ever have given you any such impression. I never had any plan to go to Washington for the purpose of seeing the NRC, and the simple fact is that I did not go to Washington at all. AEC's intention was that, if we concluded (as we did) that it wc.s necessary for AEC to file a formal enforcanent petition with the NRC, then we would do so in writing and serve it on AP00 in the regular way and let it be judged by NRC on its merits.

This is one of the reasons *y we were so astonished when we found out' about the extensi' ve ex parte lobbying effort which APCo had engaged in with the NRC 0xmissi&iers and Staff, all without notice to AEC. 1 Since at our Jtme 20 meeting you gave us no hint of what AP00 was really planning to do, you oV6ht to indcrctand why we now feel that, to {

use the phrase in your lett.er, we were being " set up" by APCo at the ,

8 meeting that you had scheduled with us for that date.

Sincerely yours, f Y /W7?t44b Charles R.

General Manaer CRL: elf cc: Mr. James /.. '.* ann, Jr.

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CERTIFICATE OF SERVICE It is hereby certified that service of the attached document has been made by mailing or delivering

• copies to the following on the 25th day of July, 1984. 0@nEJT-om hk D. BIARD 41AC'GUIMEAS'

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(})CO A ili13 /4 3 [, *1 35/NCd '

• Nunzio J. Palladino, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Frederick M. Bernthal, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• James K. Asselstine, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Thomas M. Roberts, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 .

• Lando W. Zech, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Dr. Richard C. DeYoung, Director Office of Inspection and Enforcement U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• William J. Dircks Executive Director-for Operations U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Herzel'H. E. Plaine, Esquire

+ General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Guy H. Cunningham, III, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 m

F pc a-1

• Joseph Rutberg, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555.

• Martin G. Malsch, Esquire Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Michael B. Blume, Esquire Office of General Counsel U.S. Nuclear. Regulatory Commission

~ Washington, D.C. 20555 Harold F. Reis, Esquire J. A. Bouknight, Jr., Esquire Newman & Holtzinger, P.C.

1025 Connecticu.. Avenue, N.W.

Washington, D.C. 20036 Joseph M. Farley, President Alabama Power Company 600 North 18th Street P.O. Box 2641 Birmingham, Alabama 35291 Robert A. Buettner, Esquire Balch, Bingham, Baker, Ward, l Smith, Bowman & Thagard P.O. Box 306 Birmingham, Alabama 35201 Melanie Stewart Cutler, Esquire Chief, Energy Section Antitrust Division U.S. Department of Justice 9th & Pennsylvania Avenue, N.W.

Washington, D.C. 20530 David W. Brown, Esquire Assistant Chief, Energy Section Antitrust Division U.S. Department of Justice 9th & Pennsylvania Avenue, N.W.

Washington, D.C. 20530 John D. Whitler, Esquire Energy Section, Antitrust Division U.S. Department of Justice P.O. Box 14141 Washington, D.C. 20044