ML20151D332

Requests That Deadline for Filing Comments on Centerior Application Be Extended 60 Days,Until 880914.Certificate of Svc Encl

ML20151D332
Person / Time
Site:	Davis Besse, Perry, 05000000
Issue date:	07/07/1988
From:	Albert K CLEVELAND, OH, GOLDBERG, FIELDMAN & LETHAM, P.C.
To:
References
A, NUDOCS 8807250066
Download: ML20151D332 (6)

Text

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UNITED STATES OF AMERICA

BEFORE THE NUCLEAR REGULATORY COMMISSTON BEFORE THE DIRECTOR, NUCLEAR REACTOR REGULATION In the Matter of )

)

THE CLEVELAND ELECTRIC )

ILLUMINATING COMPANY )

)

and ~i Docket Nos. 50-440A

) and 50-346A

, THE TOLEDO EDISON COMPANY )

)

(Perry Nuclear Power Plant, Unit 1, )

and Davis-Besse Nuclear Power )

Station, Unit 1) )

. REQUEST FOR UNOPPOSED EXTENSION OF TIME FOR FILING COMMENTS Pursuant to 10 C.F.R. S2.711, the City of Cleveland, Ohio (Cleveland) requests a sixty day extension of the deadline for filing comments in this proceeding. The applicants, Toledo Edison Company and Cleveland Electric Illuminating Company (wholly-owned subsidiaries of Centerior Energy Corporation and jointly referred to here as Centerior) have authorized Cleveland to state that they do not oppose this motion. Likewise, the NRC's counsel has authorized Cleveland to make a similar repre-sentation on its behalf.

I. BACKGROUND I In its proceeding in Docket Nos. 50-440A, et al., the l l

NRC issued construction permits and operating licenses for l several nuclear power plants proposed by Centerior, Ohio Edison Compa.v (Ohio Edison), Pennsylvania Power Company and Duquesne Light Company. The Commission imposed antitrust license condi-hp f'kS l d!!I3882A8!8$8346 PNV INWh*hM pr C.a/ l t I __- - . _ . _ - _ _

tions in the permits and licenses.

On September 18, 1987, Ohio Edison filed an application requesting the Director of Nuclear Reactor Regulation (NRR) to suspend the antitrust licenses conditions insofar as the condi-tions apply to Ohio Edison's ownerahip interest in Perry Nuclear Power Plant Unit 1 (Perry). On February 19, 1988, Clevoland sub-mitted an answer to Ohio Edison's application. Ohio Edison, in turn, sought authorization to answer the answers of Cleveland, the f:ity of Clyde, Ohio and American Municipal Power-Ohio. Ohio Edison received several extensions of time to file its answer.

The answer was filed just a few days ago, on July 5, 1988.

On May 2, 1988, Centerior filed what is best viewed as a follow-up to Ohio Edison's application. Centerior seeks the same relief sought by Ohio Edison -- suspension of the antitrust license conditions -- but with respect to its ownership interest in both Perry Unit 1 and Davis-Besse Nuclear Power Station, Unit 1.

II. AN EXTENSION OF TIME IS WARRANTED Other pressing matters have occupied Coursel for much of the time subsequent to receipt of Centerior's application.

Preparation of an answer to Centerior's application requires analysis of the voluminous record compiled in this proceeding. l i

In this regard, it is noteworthy that it took Ohio Edison 137 j days to answer the answer filed by 'eveland in response to Ohio Edison's related application.

Ohio Edison's recent filing of its lengthy answer com-1

3-I pounds the burdens on Cleveland. In its application, Centerior repeatedly makes it clear that it is relying on the arguments in Ohio Edison's application. In order to provide a comprehensive response to the two pending applications, Counsol's preparation of Cleveland's answer was' delayed until Ohio Edison filed its answer on July 5.

This extension will not be the cause of delay of these proceedings. The NRC only recently received the application by Centerior and the answer of Ohio Edison. In addition, Counsel's understanding js that comments of the Department of Justice will not be submitted to the NRC until all filings of the parties have been submitted. Hence, the NRC will probably need a considerable amount of time before it can take action on Centerior's applica-tion.

The NRC may also need to await clarification from the United States District Court for the District of Columbia in a proceeding recently initiated by Ohio Edison. In its applica-tion to the NRC, Ohio Edison argues, inter alia, that there is no statutory basis for continued imposition of the antitrust license conditions. Centerior, in its application (pp. 3-10), adopts this argument. On June 22, 1988, Ohio Edison filed a complaint for a declaratory judgment in the District Court in Ohio Edison Co. v. Zech, et al., No. 88-1695. The complaint seeks the same relief sought from the NRC--an order suspending the antitrust license conditions insofar as they apply to Ohio Edison. Alter-natively, the complaint seeks, (1) an order directing the NRC to so suspend the cntitrust license conditions, and (2) any further

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relief the Court deems appropriate. In its July 5 answer, Ohio Edison refers to the complaint and requests (p. 3) that the NRC "hold this proceeding in abeyance until the court rules on (Ohio Edison's) Complaint."

Consequently, this proceeding may well be delayed dur-ing the pendency of the Court proceeding.

WHEREFORE, Cleveland requests that the deadline for filing of comments on Centerior's application be extended' sixty days, until September 14, 1988.

Respectfully submitted, 41,.g 11 - hI Reuben Goldberg Kenneth M. Albert Goldberg, Fieldman & Letham, P.C.

1100 Fifteenth Street, N.W.

Washington, D.C. 20005 Tel.: (202) 463-8300 Attorneys for CITY OF CLEVELAND, OHIO July 7, 1988 CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the participants in this proceeding.

Dated at Washington, D.C., this 7th day of July, 1988.

VbT ~

Kenneth M. Albert

O

, SERVICE LIST Benjamin H. Vogler, Esq.

U.S. Nuclear Regulatory Commission Mail Stop: OWFN-15B-18 Washington, DC 20555 Cecil O. Thomas U.S. Nuclear Regulatory Commission Mail Stops OWFN-12E-4 Washington, DC 20555 Deborah B. Bauser, Esq.

Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.

Washington, DC 20037 David R. Straus, Esq.

Spiegel & McDiarmid Suite 1100 ~

1350 New York Avenue, N.W.

Washington, DC 20005-4798 Janet R. Urban, Esq.

Antitrust Division / TEA U.S. Department of Justice 555 Fourth Street, N.W.

Room 9816 Washington, DC 20001 C. E. Chancellor, Esq.

Secretary and General Counsel The Cleveland Electric Illuminating Company Post Office Box 5000 Cleveland, OH 44101 '

Alan P. Buchmann, Esq.

Squire, Sanders & Dempsey 1800 Huntington Building Cleveland, OH 44115 Michael M. Briley, Esq.

Shumaker, Loop & Kendrich North Courthouse Square 1000 Jackson Toledo, OH 43624-1573 Office of the General Counsel Duquesne Light & Power Company 1 Oxford Centre 301 Grant Street Pittsburgh, PA 15279

James P. Murphy Squire, Sanders & Dempsey 1201 Pennsylvania Avenue, N.W.

P.O. Box 407 Washington, DC 20044

. Victor F. Greenslade, Jr.

General Counsel Centerior Energy Corporation 6200 Oak Tree Boulevard Independence, OH 44101

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