ML20196H968

Ack Receipt of 880205 Comments & Petition to Intervene in Response to 871222 Fr Notice Re Util Request for Amend to License NPF-58,suspending Antitrust License Conditions. Proceeding Already Completed.Related Correspondence

ML20196H968
Person / Time
Site:	Perry
Issue date:	03/02/1988
From:	Vogler B NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Ottinger G DUNCAN & ALLEN (FORMERLY DUNCAN, ALLEN & TALMAGE
References
CON-#188-5803 A, NUDOCS 8803140119
Download: ML20196H968 (1)

Text

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~% * * " * / '88 MAR 10 P3 49 March 2, 1988 0FF 105. U .iar ink V 00CKETmn & SEnviu.

BRANCH Gregg D. Ottinger, Esq.

Duncan, Allen and Mitchell 1575 Eye Street, N.W.

Washington, D.C. 20005 In the Matter of CLEVELAND ELECTRIC ILLUMINATING COMPANY, ET AL.

(Perry Nuclear Power Plant, Unit 1)

Docket No. 50-440A

Dear Mr. Ottinger:

This will acknowledge the receipt of your communication of February 5,1988, wherein you furnished comments and submitted a petition to intervene in response to the Federal Register Notice, of December 22,1987, at 52 Fed.

Reg. 245, publishing the request of the Ohio Edison Co., for an amendment to suspend the antitrust licensa conditions attached to the captioned nuclear units as they apply to Ohio Edison.

The NRC Staff did not notice this matter for a hearing in the Federal Register but stated that any person who desired to express his views on the Ohio Edison proposal could do so by submitting said views in writing to the NRC. In that regard, your communication has been reviewed and added to our files on this matter. However, no action on your petition to intervene will be taken because, as noted, such petitions were not called for in the Notice.

Once the Staff determines what action should be taken in connection with the amendment request, such determination will be pubilshed in the Federal Register and an opportunity provided at that time for the submission of requests for a hearing and petitions to intervene. The subject matter of any hearing that might be held will be confined to Ohio Edison's amendment request. The antitrust licensing proceeding that you refer to in your letter at page 13 has been completed.

Your comments have been helpful and, as noted earlier, will be considered in the Staff's review of the captioned amendment request. If you have any questions or additional comments concerning this matter please do not hesitate to call me.

Sincerely, 4 **f$ . @

enjamin H. Vogler, Senior Supervisory Trial Attorney 8803140119 080302 PDR ADOCK 05000440 C PDR