ML20116P109
| ML20116P109 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 08/21/1996 |
| From: | Doris Lewis SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| 2.206, A, NUDOCS 9608230154 | |
| Download: ML20116P109 (3) | |
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SHAw, PirrMAN, Porrs & TROWBRIDGE A PARTNamsHlP $NCLUDING PROPES$10NAL OORPOMATIONS 2300 N STREET. N.W.
1501 FARM CREDfT DRIVE WASHINGTON, D.C.20037-1128 McLEAN VIRGINIA 22102-6004 (202) 663-8000 I
(202 6 3 8007 LEE U O VI G NIA 75 2721 DAVID R. LEWIS
]
<2023 ees-w4 August 21,1996 3
By Hand Deliverv U.S. Nuclear Regulatory Commission Attn: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 l
Re:
In the Matter of Cleveland Electric Illuminating Company Docket Nos. 50-440 and 50-346 (City of Cleveland's 2.206 Petition to Enforce Antitrust Conditions)
Dear Sir:
On August 13,1996, the City of Cleveland submitted a letter requesting imposition of j
severe sanctions for the Cleveland Electric Illuminating Company's (CEI) " refusal" to wheel Cleveland's 40 MW purchase from Ohio Power. CEI points out that the City of Cleveland's request for wheeling service was for transmission beginning September 1,1996, and that CEI sought declaratory ruling on the appropriateness of this request promptly enough to obtain a i
determination without impacting the September i service date.2 As a result, CEl's actions have not resulted in any loss of transmission services to the City of Cleveland. In essence, the City of Cleveland is asking for the imposition of penalties solely because CEI exercised appropriate The City of Cleveland also states, "the FERC ruled summarily that CEl's refusal to wheel Cleveland's proposed 40 MW purchase from Ohio Power Company was in violation of the Company's obligation under its Transmission Taiff No.1 (Slip op. at 5 7).
. The City mischaracterizes FERC's ruling. While FERC ruled that CEI was obli-gated to provide the requested service under its effective transmission service agreement, it did not rule that CEI had violated its tariff. The City of Cleveland further states that CEl's August 2 letter ignores FERC's holding that CEI is obligated to provide the transmission services pursuant to its Transmission Tariff No.1. CEI has not ignored that ruling as evinced by its agreement to provide the requested service. CEl's August 2 letter referred " inter alia" to the ruling on its Section 212(h) argument because that was the primary basis for seeking declaratory ruling from FERC and the primary argument CEI had advanced in its May 6,1996 Response to the City of Cleveland's 2.206 Petition.
2 As indicated in our August 8 letter, after the FERC order, the City requested that CEI provide transmission service beginning August 17. CEI subsequently agreed to this additional request.
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-,nnon 9' 3 i 9608230154 960821
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PDR ADOCK 05000346 M
r SH'AW, P'ITTM AN, POTTs & TROWBRIDGE j
A PARTNERSHIP lNCLUDING PROFESSIONAL CORPOR ATIONS U.S. Nuclear Regulatory Commission i
August 21,1996 i
Page 2 l
legal procedures to determine the propriety of the service request. Such appropriate process l
cannot and should not be the basis for any sanctions.
Sincerely, 6
\\
David R. Lewis j
Counsel for Licensee l
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SERVICE LIST i
David B. Matthews David R. Straus l
Chief, Generic Issues and Environmental Speigel & McDiarmid Projects Branch Suite 1100 Office of Nuclear Reactor Regulation 1350 New York Avenue, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C. 200005 '98 l
Washington, D.C. 20555 k
John B. Hopkins, Sr. Project Manager Sharon Sobol Jordon, Director of Law j
Project Directorate III-3 William T. Zigli, Chief Ass't Director of Law Division of Reactor Projects - III/IV City of Cleveland, Ohio Office of Nuclear Reactor Regulation 106 City Hall U.S. Nuclear Regulatory Commission 601 Lakeside Avenue Washington. D.C. 20555 Cleveland, Ohio 44114 I
Steven R. Hom, Esq.
Glenn S. Krassen 1
Office of the General Counsel Climaco, Climaco, Seminatore, Lefkowitz l
U.S. Nuclear Regulatory Commission
- ,. Garofoli, Co. L.P.A.
Washington, D.C. 20555 The Halle Building, Suite 900 1228 Euclid Avenue Cleveland, Ohio 44115 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 l
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