ML19329D146

City of Cleveland'S Petition to Intervene.Certificate of Svc & Affidavit of Pp Ardery Encl

ML19329D146
Person / Time
Site:	Davis Besse
Issue date:	07/06/1971
From:	Ardery P BROWN, ARDERY, TODD & DUDLEY, CLEVELAND, OH
To:	US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19329D137	List: ML19329D141 ML19329D144 ML19329D146 ML19329D148
References
NUDOCS 8002250855
Download: ML19329D146 (7)

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UNITED STATES 07 E4 ERICA ATOMIC ENERGY CCm1ISSION-In The Matter Of . )

Toledo Edison Company and Cleveland ) Docket No. 50-356-A

' Electric Illuminating Company -- -)

Davis-Besse Nuclear Power Station )

i PETITION OF THE CITY OF CLEVELAND. OMIO TO INTERVENE f

The Petitioner, the City of Cleveland, Ohio (Cleveland),

3 pursuant to Sec. 189 of the Atomic Energy Act and Sec. 2.714 2

of the Commission's Rules of Practice hereby petitions to inter-vene in the above-captioned matter and states as follows: j i 1. Correspondence, notices, orders and other papers j

herein are to be directed to: ,

Philip P. Ardery Brown, Ardery, Todd & Dudley Kentuchy Home Life Building Louisville, Kentucky 40202 Clarence L. James, Jr.

Director of Law City of Cleveland 601 Lakeside Avenue '

Cleveland, Ohio 44114

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William S. Gaskill ,

j I Director of Utilities oE l City of Cleveland Pi ' ~ i70 m 1

• 1825 Lakeside Avenue jl "q '

} I Cleveland, Ohio 44114 dd b -} 3 )

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. 2. The Cleveland Municipal Electric system supplies, approximately 20% of the retail . electric utility service in 4 -

Cleveland. Cleveland presently has co=mercia11y operable one nominal 75 LE7 . d two 25 >El generating units for base load.

In addition, it' has three' commercially operable pealiing gas turbines of 17 MW each. Other capacity, down temporarily for  !

installation of environmental pollution control equipment, in -

l cludes one nominal 25 MW unit for base load and one 15 MW peaking unit. Cleveland Electric Illuminating Company (CEI) supplies pe <r to Cleveland for resale through Cleveland's distribution system at five locations. -These loads are isolated from the municipal system which is itself being presently oper-ated on an isolat d basis.

3. CEI supplies approximately 80% of the retail elec- .

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tricity service in Cleveland, and also supplies Cleveland J

! wholesale for resale as aforesaid. It generates, transmits 1

and distributes power along the shore of Lake Erie in north-eastern Ohio. It has generating capacity of approximately 2,405,000 KW and is interconnected with Ohio Edison, Ohio .

Power Company and_ Pennsylvania Electric Company. It is also a member'of the CAPCO power pool. ,

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'. 4 . The Cleveland Municipal Electric system, being com-plately isolated and' physically ' surrounded by CEI has managed with increasing difficulty to maintain a competitive position for the benefit of its consu=crs. Cleveland has on numerous occasions, beginding with the allocation of power froi che Niagara-Hydro Project in 1957 tried, unsuccessfully, to obtain a source of power other than its oun generation and to make ar-rangements with another bulk power supplier to coordinate power supply so as to reduce reserve requirements of Cleveland and thereby minimize expense.

5. For many months Cleveland has sought to negotiate a permanent incertie with CEI, but CEI has only engaged in delaying tactics wherein it for many months encouraged Cleveland to believe

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it uould be willing to have some such arrangemen~ In addition ts its efforts to coordinate pouer supply with CEI, Cleveland met with representatives of Buckeye Power, Inc., April 27, 1971 to explore the possibility of buying bulk power from the Cardinal Power plant which supplies, Buckeye. The effort was unsuccessful cuing to the fact that Buckeye stated CEI must grant Cleveland an interconnection point for delivery of power if Buckeye power were to be sold to Cleveland. But CEI has syste=ctically denied .

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Cleveland the use of its transmission system for delivery of power from other syst' ems as it has denied Cleveland a perma-nent interconnection for coordin'ation' of power supply between CEI and Cleveland. , .

6. Having failed to obtain the proper arrangement with CEI, Cleveland filed a complaint against CEI with the Federal City of Power Commission May 13, 1971, now docketed as the Cleveland, Ohio v. Cleveland Electric Illuminatine Comoanv, No. E-7631. This complaint in part requests an order of the Federal Power Commission directing a permanent interconnection between Cleveland and CEI and requests FPC to fix the terms and conditions of coordination of power supply between the systems.

No hearing has yet been held in this matter by FPC.

7. CEI as a member of the CAPCO pool, experiences significant advantages as to reliability and -cost of service.

Cleveland by virtue of the fact that it is an isolated system.

is not able to obtain membership in the CAPCO pool, and thus suffers economic disadvantage as a competing power supplier in the Cleveland area. ,

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8. Cleveland in planning its future power supply foresees a need of 200 Megawatts of generation by the time the Davis-Besse plant can be put in commercial ope ~ ration. If Cleveland is to

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. k remain a competitor in the business of electric power supply it must obtain advantages of scale such as will be achieved .

by the Davis-Besse plant. It is', therefore, vitally interested in the matter of allocation of power from Davis-Besse and it is willing and able to pay its proportionate share for con-struction, operation, maintenance and all other capital and operating costs should it obtain an allocation of power from Davis-Besse. .

WHEREFORE Cleveland prays.the Commission to grant inter-vention and allow Cleveland to participate as a full party in interest herein. Cleveland further prays the Commission to set the matter for hearing so that Cleveland may offer testimony supporting the allegations herein and may obtain an appropriate allocation of power from Davis-Besse upon the proper showing.

Respectfully submitted,

. THE ITY O OLEVELAND, OHIO By Ph Y. A . O ._ns PHILIPiP. ARDERY \

5 Brown, Ardery, Todd & Dudley

' Kentucky Home Life Building Louisville, Kentucky 40202 July 6, 1971 COUNSEL FOR THE CITY OF CLEVELAND, OHIO l .

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AFFIDAVIT Philip P. Ardery, being duly sworn and pursuant to Section 2.714 of the Commission Rules of Practice, s':ates that he is duly authorized as special counsel for the City of Cleveland to file this Petition for Intervention, that he

, has read the foregoing and the statements of fact contained therein are true as he verily believes. He further states that this Petition to Intervene is not filed for dilatory purposes.

k 4A Ni M PhilSpP.Ardey CCDIONh'EALTH OF KENTUCIN )

) Sct.

COUNTY OF JEFFERSON )

Subscribed and swown to before me by Philip P. Ardery this 6th day of July,1971.

Iln. . i 0, L L ((./ , .

Notary Public /

My commission expires: dl .N. /'2'/ /

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CERTIFICATE OF SERVICE -- .

I certify copics of the foregoing document have.been

, served as fot. '3s :

Thomas F. Engelhardt, Esquire U. S. Atomic Energy Commission ~

Washington, D. C. 20545 e Donald H. Hauser, Esquire Managing Attorney Cleveland Electric Illuminating Company Public Square Cleveland, Ohio 44101 ,

Toledo Edison Company 420 Madison Avenue Toledo, Ohio 43601

Dated at Louisville, Kentucky, this 6th day of July, 1971.

- > .NO Philih P. Ar cry, Counsel for the City of Cleveland, Ohio

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