ML20094K379
| ML20094K379 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 03/18/1992 |
| From: | Charnoff D, Jerome Murphy CLEVELAND ELECTRIC ILLUMINATING CO., OHIO EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, SQUIRE, SANDERS & DEMPSEY, TOLEDO EDISON CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#192-12712 91-644-01-A, 91-644-1-A, A, NUDOCS 9203200266 | |
| Download: ML20094K379 (6) | |
Text
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l Z 7/b lar11LD UMWC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 92 Mta 19 P? :31 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD:rsp;: af H Ca 't.E '
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In the Matter of
)
)
I OHIO EDISON COMPANY
)
Docket No. 50-440-A
)
50-346-A (Perry Nuclear Power Plant, Unit 1,
)
Facility Operating License
)
No. NPF-58)
)
(Suspension of
)
Antitrust Conditions)
THE CLEVELAND ELECTRIC ILLUMINATING
)
COMPANY
)
ASLBP No. 91-644-01-A THE TOLEDO EDISON COMPANY
)
)
(Perry Nuclear Power Plant, Unit 1,
)
Facility Operating License
)
No. NPF-58)
)
(Devis-Besse Nuclear Power Station,
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Unit 1, Facility Operating License
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No. NPF-3)
)
)
APPLICANTS' MOTION TO AMEND THE
SUMMARY
DISPOSITION SCHEDULE five briefs / were filed in opposition to 1
_On March 9, 1992, the single Motion for Summary Disposition filed jointly by 1/
See NRC Staff's Answer in Opposition to Applicant's Motion for Summary Disposition and NRC Staff's Cross-Motion for Summary Disposition ("NRC Staff's Opposition"); Response of the Department of Justice to Applicant's Motion.for Summary Disposition ("DOJ Response"); Motion for Summary Disposition of Intervenor, City of Cleveland, Ohio, and Answer in Oppo-sition to Applicants' Motion for Summary Disposition
(" Cleveland's opposition"); Brief of American Municipal Pover-Ohio, Inc. in Opposition to Applicants' Motion for Summary Disposition and Cross-Motion for Summary Disposition
(" AMP-O's Opposition"); and Alabama Electric Cooperative's Combined Cross-Motion for Summary Disposition and Response to Applicants' Motion for Summary Disposition (" Alabama's Response").
9203200266 920718 I
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2 Applicants Ohio Edison Company, The Cleveland Electric Illuminat-ing Company and The Toledo Edison Company.
Under the_present schedule, Applicants' joint reply to these filings is due by April 27, 1992, as is any non-Applicant party's response to any other non-Applicant party's cross-motion for summary disposition.
_Spe Order of November 14, 1991 (Schedule for Summary Disposition Motions) and Order of February 7, 1992 (Ruling on City of Cleve-land Motion to Amend Summary Disposition Schedule).
Applicants respectfully request that the April 27, 1992 filing date be amended to May 18, 1992.
Applicants have obtained the consent of the other parties (NRC~ Staff, DOJ, City of Cleveland, AMP-O and Alabama Electric Cooperative) to this request.
This modified schedule would-still-permit the Board to schedule an oral argu-ment in June, if it so chooses, as suggested in its February 7, 1992 Order.2/
Applicants are aware of the Board's preference to maintain the schedule it has adopted, and,.accordingly, Applicants have worked hard to avoid any requests for more time.
However, at the present juncture, we are faced with five substantial-briefs which
-have been effectively coordinated, see Alabama's Response at 12, 2/-
Applicants were going to request a corresponding change to June 2, 1992 of the current date of May 12 by which Cleve-land would file-its reply to any responses to its-cross-motion on the issues of res judicata, collateral estoppel, laches and law of the case.
However, the City of Cleveland has asked us to request,'on its behalf, a filing date-of June'15 for its reply. _-
)
n.12, and which cover a wide range of issues, some of which are being raised for the first time.
We are anxious to have the time to properly address the many arguments raised by all the other parties.
As we are sure the Board is aware from its own experi-ence, it takes more time to coordinate a single response among several parties and their counsel, which is what Applicants have been asked to do, than to file separate responses.
In addition, the present schedule for Applicants' reply encompasses the trn day period (Friday, April 17 through Sunday April 27) that is the religious observance of Passover, during which the undersigned counsel vill be unable to work to any substantial degree.
For the reasons stated above, Applicants respectfully request that this Motion to Amend the Summary Disposition Sched-ule be granted.
Respectfully submitted, b
b-James P. Murphy Gerald Charnoff Colleen Conry Deborah B. Charnoff
. SQUIRE, SANDERS & DEMPSEY SHAW, PITTMAN, POTTS &
1201 Pennsylvania Avenue, N.W.
TROWBRIDGE Washington, D.C.
20044 2300 N Street, N.W.
(202) 626-6600 Washington, D.C.
20037 (202) 663-8000 Counsel for The Cleveland Electric Illuminating Company Counsel for Ohio Edison Company and The Toledo Edison Company Dated:
March 18, 1992.
'4 1
tiriiLD UNITED STATES OF AMERICA UWhC NUCLEAR REGULATORY COMMISSION T2 wa 19 P2 :31 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD y s!c?
ila DUChil'NG & " j ti.?
t' d
)
40, AIR" In the Matter of
)
)
OHIO EDISON COMPANY
)
Docket No. 50-440-A
)
50-346-A (Perry Nuclear Power Plant, Unit 1,
)
Facility Operating License
)
No. NPF-58)
)
(Suspension of
)
Antitrust Conditions)
THE CLEVELAND ELECTRIC ILLUMINATING
)
COMPANY
)
ASLBP No. 91-644-01-A THE TOLEDO EDISON COMPANY
)
)
(Perry Nuclear Power Plant, Unit 1,
)
Facility Operating License
)
No. NPF-58)
)
(Davis-Besse Nuclear Power Station,
)
Unit 1, Facility Operating License
)
No. NPF-3)
)
)
CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 18th day of Ma.;h, 1992, a copy of the foregoing Applicants' Motion to Amend the Summary Disposi-tion Schedule was served by Federal Express on each of the i
following:
Charles Bechhoefer Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission 4350 East West Highway, 4th Floor Bethesda, Maryland -20814 G. Paul Bollverk, III Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission 4350 East West Highway, 4th Floor Bethesda, Maryland 20814
t
. l -.
Marshall E. Miller, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission 1920 South Creek Boulevard Spruce Creek Fly-In Daytona Beach, Florida 32124
.In addition, a copy of the foregoing Applicants' Motion to Amend the Summary Disposition Schedule was served by first-class mail on each of the following:
Samuel J. Chilk Secretary of the Commission U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, Maryland 20852 Joseph Rutberg, Esq.
Shervin-E. Turk, Esq.
Steven R. Hom, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, Maryland 20852 Mark C. Schechter, Esq.,
Janet Urban, Esq.
~
Transportation, Energy and Agriculture Section Antitrust Division.
Department of Justice Judiciary Center Building 555 Fourth Street, N.W.
Washington, D.C.
20001
' June W. Weiner, Esq.,
Chief Assistant Director of Law William M. Ondrey Gruber, Esq.,
Assistant Director of Law William T.
Zigli, Esq.
Assistant Director of Law City-Hall, Room 106' 601 Lakeside Avenue Cleveland, Ohio 44114.
4 i
Reuben Goldberg, Esq.
Channing D. Strother, Jr., Esq.
Goldberg, Fieldman & Letham, P.C.
1100 Fifteenth Street, N.W.
Washington, D.C.
20005 D. Biard MacGuineas, Esq.
Volpe, Boskey and Lyons 918 Sixteenth Street, N.W.
Washington, D.C.
20006 Philip N. Overholt Office of Nuclear Plant Performance Office of Nuclear Energy U.S. Department of Energy, NE-44 19901 Germantown Road, Room E-478 Germantown, Maryland 20585 Kenneth L. Hegemann, P.E.
President American Municipal Power-Ohio, Inc.
601 Dempsey Road P.O. Box 549 Westerville, Ohio 43081 David R. Straus, Esq.
Spiegel & McDiarmid 1350 New York Avenue, N.W.
Suite 1100 Washington, D.C.
20005-4798 Anthony J. Alexander, Esq.
Vice President and General Counsel Ohio Edison Company 75' South Main Street Akron, Ohio 44308 40 )
SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.
Washington, D.C.
20037 (202)'663-8000 1
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