ML19319C426

Informs That 750722 Util Ltr Responding Affirmatively to Clevelands Request for Wheeling of Power Requires No Further Amplification.Cleveland 750804 Request for Amplification Encl

ML19319C426
Person / Time
Site:	Davis Besse
Issue date:	08/18/1975
From:	Rudolph K CLEVELAND ELECTRIC ILLUMINATING CO.
To:	Perk R CLEVELAND, OH
References
NUDOCS 8002140805
Download: ML19319C426 (3)

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Q,TH E C L EV E L A..DE L E CT RIC ILLUh1 di l ATING COMPANY ILLUMINATING SLDG e PUBUC SOUARE e CltvnAND Omo 44101 = TEttPHONE (216) 623-1350 e M AIL ADDRESS: P O. BOX 5000 Serving The Best Location in the Nation (arl H. Rudolph

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Honorable Palph J. Perk 9-AUG 22 375 >,J;

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Payor, City of Clevelard e,u,,,..-. ~

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Dear Payor Perk:

g By letter dated July 22, 1975, I expressed our affirmative respcnse to the City's request fer v. heeling, ever our transnissicn lines, cf pcmr.tich may to girchased by the City fraa Buckeye, Inc., of Columbus, Chic, so lcng as there is no legal er ccnspiratorial impedirent v.hich m uld prevent this Ca:pany frcra making a like Enrchase at a like price.

In resg.use, Mr. Fcbart D. Hart, First Assisht, Director of Iaw cf the City of Cleveland, by letter dated Icgust 4,1975, sent me the enclcsod, inaccurate and arg'rentative characterizaticn of my letter. Cur pcsitica was plainly stated in my letter of July 22, 1975, and it requires no further amplificatica.

Very y yours,<m h' /,

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V Karl H. Rudolf President enc 1.

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EiQt of flebeland RALPH J. PERK. MAYOR ROOM 213 e CIT V HALL DEP ARTMENT OF LAW CLEVELAND. CHIO 44114 J AMES B. D AVIS (286) 694 2000 Ot R E CTO R August 4,1975 j

Mr. Karl Rudolph The Cleveland Electric illuminating Company P. O. Box 5000 Clevelar d, Ohio 44101 1

Dear Mr. Rudolph:

Your letter of July 22, 1975, addressed to Mayor Perk in response to my letter of July 5,1975, inquiring whether your Company'will wheel power over its l

transmission facilities for the City of Cleveland which the City will have purchased from Buckeye, incorporated, of Columbus, Ohio, has been referred to me for reply. In your letter you state:

"This Company is willing to provide transmission services for the City of Cleveland under terms and conditions similar to these contained in the Agreement for such services between Ohio Power Ccmpany and American Municipal Power - Ohio, Inc., with respect to electric energy as to which there is no legal or conspiratorial impediment which would prevent this Company making a like purchase at a like price."

" Conspiratorial impediment" you define as "any concerted refusal to dea; by those who have access to Buckeye power."

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in plain an.! straightforward language, your Ccmpany refuses to provide wheeling services to the City where to do so would be it'jurious to your Company's ccm-petitive position vis-a-vis the City's municipal electric department. This is a reiteration of ycur Company's position in refusing to wheel PASNY power to the City's municipal electric department as stated in Mr. Donald H. Hauser's letter 2

on behalf of your Ccmpany of August 30, 1973 to Wallace L. Duncan, Esquire, Counsel for American Municipal Power - Ohio.

If we are wrong in our interpretation of your statement, we will be glad to have you explain to us wherein we have erred. We can ascribe no other meaning to the qualification you attach to the availability of wheeling servides.

,. Ye(y truly yours, f

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' ROBERT D. HART First Assistant, Director of Law RDH:anm

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M '. Karl H. Rudolph, President Page 2 i

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The Cleveland Electric lituminating Company August 4. '975 cc:

Director Kudukis Commissioner Cunningham l

Commissioner Chuplis George L. Forbes, President, City Council Mr. Ralph Meister l

Mr. Reuben Goldberg 1

Mr. Ben Vogler, Nuclear Regulatory Commission Mr. Steven Charno, Justice Department Mr. Wallace Brand I

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