ML20094D066

Reiterates 840702 Request for Any Notes or Memoranda or Transcripts of Meetings W/Util Near End of June 1984. Certificate of Svc Encl

ML20094D066
Person / Time
Site:	Farley
Issue date:	08/06/1984
From:	Boskey B, Macguineas D ALABAMA ELECTRIC COOPERATIVE, INC., VOLPE, BOSKEY & LYONS
To:	Asselstine J NRC COMMISSION (OCM)
References
A, NUDOCS 8408080241
Download: ML20094D066 (2)

Text

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VOLPE, BOSKEY AND LYC N S WORLD CENTER ButLDING 91816L" STRE CT, N. W.

l WASHIPGTON, D. C. 20006 l JOSEPH VOLPE, JR. C (202)737-65s0 CENNETT SOSMEY ELLis LYONS EDWARD A.GROOBERT C. SI ARO M ACGUIN EAS gg ,6- P 4 ;[} l EDWIN E. HUDDLESON,III August 6, 1984 I EVA F. S H ER M AN -

PATRICIA A.MAYER GffM ' [

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Mr. James K. Asselstine ~~'*"** " ~~

Commissioner U.S. Nuclear Regulatory CDCKET Wim a Commission Washington, D.C. 20555 PROD. & UTIL r;c , , ,, , ,],,, , M((

Dear Mr. Asselstine:

We are in receipt of Herzel H. E. Plaine's letter of July 26, 1984 (copy attached), responding to our request dated July 2, 1984, (copy also attached) for any notes or memoranda or transcripts which have been made, or are being made, of any'of the meetings between yourself and representa-tives of Alabama Power Company near the end of June, 1984, as referred to in Chairman Palladino's Memorandum For the Files dated June 26, 1984, and docketed June 28, 1984, in Docket Nos. 50-348A and 50-364A (Alabama Power Company:

Antitrust).

Mr. Plaine in his letter sdggests that "it may be best" if we make direct request to you for such notes, etc., of the meeting or meetings referred to in the Chairman's memo-randum. While we were under the impression that the c.opy of our July 2, 1984, letter which was sent to you was suffi-cient 'to constitute a request to you for such notes, etc.,

now, in view of what Mr. Plaine's letter states, we are separately requesting from you the same matters originally requested in our July 2, 1984, letter with respect to any meetings.

Without regard to whether the ex parte meetings did or did not comply with the letter and spirit of the NRC regula-tions, it still appears to us that elemental considerations of fairness call for such information to be furnished to AEC.

As we have previously stated in a recent filing with the ,

Commission (July 18, 1984, p. 5), the fact that Alabama Power Sh3 ~

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UDLPE. COCKEY AND LYoN G p0gD Two Company has been so eager to persuade the Commissioners not to make such disclosures to Alabama Electric Cooperative, Inc. regarding Alabama Power Company's ex parte efforts under-

-scores the reasons why, in the interests of fairness, such

' disclosures ought to be made.

Sincerely yours, I

I Benne t Boskey r

f o

) i D. Biard MacGuineas cc: As per attached Certificate of Service l

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.VOLPE, BOS KEY AN D LYO N S womLD CCNTCR BUILCING 9 4 6 16L" ST R E CT N. W.

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Mr. Nunzio J. Palladino 3 Chairman  ! D \

D Nuclear Regulatory Commission .

washington, D.C. 20555 Dear Chairman Palladino In this morning'.s mail we received a copy of your three-page " Memorandum for Files," dated June 26, 1984, "

Subject:

Meeting with Representativ~es of Alabama Power Company," which had been mailed to us on June 28 by the Commission.

This is the first knowledge we have had of the apparently very extensive and well attended meeting which took place between you and representatives of Alabama Power Company on June 26, 1984. Naturally, as counsel to Alabama Electric Cooperative we are interested in learning from your Memoran-dum that such a meeting did take place and the substance of what was said.

We are, however, somewhat surprised to learn from your Memorandum that such an extensive meeting with Alabama .. Power company.was held on an.e_x x parte basis, without notice to Alabama Electric Cooperative or its counsel, and that the meeting was permitted to continue even after, according to what is indicated in your Memorandum, it was stated by Alabama Power Company rather early in the meeting that "AEC informed Alabama Power that AEC is contemplating an enforcement petition and may file a paper with NRC this week."

For your information, Alabama Electric Cooperative did on June 29, 1984, file with the Commission a formal request for enforcement, and mailed copies of it to Mr. Farley, President of Alabama Power Company, and to Mr. Buettner, one of its counsel. At that time, as indicated above, we were wholly unaware of the meeting which Alabama Power Company had had gj,A=s=*= 'd "

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VoLPE, Co3MEY ' AND LYoN S

, . Pcga Two e, .with you on June 26, and of'any representations which Alabama 4 Power' Company'may have made-to you in connection with this matter. . A copy of the Alabama -Electric Cooperative formal

' request (not including the various Tabs which are attached to

'the. copies filed on June 29),-together with a copy of our letter of ' transmittal, is enclosed herewith - for ~ your informa--

tion. As you will see from the Alabama Electric Cooperative request for enforcement, the manner in which Alabama Power

- Company has been. conducting itself since the date on which the-license conditions.became final has led Alabama Electric Cooperative to conclude that, prompt enforcement action should be sought from, and taken by,' the Commission at this time.

Your Memorandum does not indicate that in the meeting.of

' June 26, 1984, Alabama Power Company representatives even alluded to most of the specific items which form the basis of Alabama Electric Cooperative's request for enforcement.

In the event that anything of substance was said at the meeting on June 26,~1984, which is not' reflected in your Memorandum of that date, we request that such be communicated to us. If a transcript of the meeting was made or is being made, we likewise request that that be furnished to us.

We are furnishing copies of this letter to those persons to whom your Memorandum shows you sent copies of your Memo-randum (other than Commissioner Gilinsky whose term has mean-while expired), and also to Messrs. Farley and Buettner.

On page 1 of your Memorandum, at the top of paragraph 2, it is , stated that "At the meeting, Alabama Power representa-tives told me the following information: -- They met pre-viously.in separate meetings with Commissioners Asselstine and Bernthal and with Mr. Dircks to discuss the points presented to me." We hereby request that we be furnished with copies of any notes or memoranda or transcripts which have been made, or are being made, of any of those meetings.

Sincerely yours,

.hA%TT (

BennettBosk,h ey l Enclosures D.

kbL0%aad Biard MacGuineas -

cc: Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Herzel H. E. Plaine l SECY Docketing & Service (Docket No.s 50-348A, 50-364A)

L Joseph M. Parley l

! Robert A. Buettner, Esq. l l

. :r-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 6th day of August, 1984.

i :yr r..

3 ?r -

8ENNETT BOSKbk4 f@ _g ,

4

• Nunzio J. Palladino,- Chairman kh? ilce. -.. .

U.S. Nuclear Regulatory. Commission i .lyO5:~'

Washington, D.C. 20555

• Frederick M. Be'rnthal, 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 Comdission 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, Direct'or Office of Inspection and Enforcement . . .

U.S. Nuclear Regulatory Commission Wachington, D.C. 20555

• William J. Dircks Executive Director for Operations U.S. Nuclear Regulatory Commission l

Washin'gton, 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

LM'  !

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• Joscph Rutbarg, Esquiro Of fice 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. Connecticut 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, 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

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