ML19319C300

Minutes of Dv Rigler 750501 Telcon W/Counsel:Wb Reynolds (Applicants),Dc Hjelmfelt,Db Hart & WE Brand (City of Cleveland),Mg Berger (Doj),Rp Lessy (Nrc), & RM Firestone Re 750514 Prehearing Conference in Dc.Certificate of Svc Encl

ML19319C300
Person / Time
Site:	Davis Besse, Perry
Issue date:	05/14/1975
From:	Reynolds W CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8002130823
Download: ML19319C300 (8)

Text

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.', UN1 " 9 STATES OF AMERICA -

NUCLE,... REGULATORY COMMISSION ,

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Before the Atomic Safety and Licensing Boar Ei2 .

pc 9 MAY 191975 > -

In the Matter of

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THE TOLEDO EDISON COMPANY and D '

THE CLEVELAND ELECTRIC ILLUMINATING ,* I'" .

)

COMPANY )

(Davis Besse Nuclear Power Station, ) Docket Nos. 50-346A Unit 1) ) 50-440A

) 50-441A THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL., )

(Perry Nuclear Power Plant, ) .

Units 1 and 2) ) ,-

MINUTES OF CONFERENCE CALL WITH BOARD CHAIRMAN ON MAY 1, 1975 .

1. On Thursday, May 1, 1975, a conference call .

was initiated by Licensing Board Chairman Douglas V. Rigler, at 10:00 A.M., in which the following persons participated:

Wm. Bradford Reynolds, counsel for Applicants; David C.

Hjelmfelt, Robert D. Hart and Wallace E. Brand, all counsel for the City of Cleveland; M'elvin G. Berger, counsel for the Department of Justice; Roy P. Lessy, Jr., counsel for the NRC Staff; and Richard M. F1-restone, counsel for the State of Ohio. Chairman Rigler assigned the undersigned attorney the task of preparing minutes of the conversation.

2. Chairman Rigler advised counsel that a , Pre-hearing Conference would be held on May 14, 1975, in the above-captioned proceeding, in Room 358 of the Tax Court, 8002180 [ [ g

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. 400 Second Street, N.W., Washington, D. C., directly following the Prehearing Conference to be held at the same location in the Davis-Besse 2 and 3 antitrust pro-ceeding.' / The purpose of this Prehearing Conference is to discuss matters relevant to pretrial deposition discovery, including the present deposition schedule.

3. In response to a rectest by counsel for Applicants for a clarification of the last paragraph in Prehearing Order No. 4, Chairman Rigler stated that the suggestion therein -- to the effect*that service of docu-ments t" son counsel located in the Washington, D. C. area be accomplished henceforth by hand delivering the same --

applies only to the filings required after the scheduled July 1, 1975 cut-off for discovery.

4. Chairman Rigler also announced that Marshall Miller, Esquire, the Master appointed in these proceedings for the purpose of resolving claims of privilege, had re-cently been assigned to the Licensing Board in the' Farley antitrust proceeding, in addition to his participation, as Chairman, of the hearing board, in the' Wolf Creek '

antitrust proceeding. As a result the Licensing Board

• / Chairman Rigler asked that the parties adjust their deposition schedule if necessary in order to give priority to the two prehearing conferences.

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1 has relieved Mr. Miller of his responsibilities as Special Master in these proceedings and a new Master, Mr. Coufal, has been appointed in his stead.

5 A request was then made by counsel for the NRC Staff for an additional week within which to file the i l

Staff's response to Applicahts' Proposal For Expediting th'e Hearing Process. It was explained that the additional l

. time was needed because the wife of requesting counsel had just given birth to their first child. Counsel for Ap-plicants ob.iected. After all other par, ties stated that they had no objections, Chairman Rigler granted the one-week extension, to and including May 12, 1975, on the under-standing that the Staff's response would be hand delivered to the Board on that date.

6. The next matter referred'to was the ruling of the Licensing Board on the Department of adstice's-motion for production of documents to be used during depositions.

Chairman Rigler read the Board's order in its entirety.

Counsel for the City (Wallace Brand) asked by way of clari-fication whether the Board's 24-hour requirement for des-ignating deposition documents would apply to documents re-lating to new matter that is referred to during the course of a witness' testimony. Chairman Rigler stated that use of a non-designated document would, in such circumstances, not be objectionable.

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7. There then followed a statement by counsel for the Department of Justice in which counsel expressed doubt as to whether the July 1st completion date for depositions could be met since Applicants were pro- l ceeding very slowly with their depositions. It was noted that only three witnesses were disposed of and one was partially completed in the first five days of depositions.

Specific reference was made to Applicants' refusal to allow the City of Cleveland to cross-examine a witness deposed by Applicants. This objection was cited as an exarnple of delay tactics by Applicants' counsel. Since the matter had already been resolved at the deposition (during the luncheon recess) to the satisfaction of all parties, counsel for. Applicants raised a question as to the appropriateness of discussing the matter with the Chair-man in the instant conference call'. Chairman Rigler then expressed concern that the July 1 completion date for de-l positions might not be met, and asked that the parties be prepared to speak on this matter at the May 14 Pr.e-hearing Conference.

8. Counsel for Applicants interjected that it appeared unlikely the depositions would be completed by July 1 in light of the number of witnesses noticed for de-position by the City and the Department. It was also noted S

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l that Applicants had learned of a number of additional wit-nesses (identified in the depositions taken to date) whom it needed to notice for depositions -- counsel for Appli-cants promised to provide the Board Maabers and the parties t

with a list of these additional City witnesses immediately.

He also stated his willingness to follow with the taking of these additional depositions (which are expected to be more limited in scope than the initial depositions) upon completion of the ones already scheduled. With respect to this latter offer, counsel for the Department of Justice objected to a deposition schedule which would permit Appli-cants to complete their depositions before the other par-ties had an opportunity to depose anybody. Chairman Rigler suggested that the matter be considered further at the ,

May 14 Pr.ehearing Conference.

9 Also deferred for consideration at the Pre-hearing Conference was the suggestion by counsel for the City (David Hjelmfelt) that more than three days each week be devoted to depositions in these proceedings. Counsel for Applicants noted his strong objection, pointing out some of the practical difficulties inherent in such a schedule.

10. This concluded the conference call.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE Q

By: !d. w. 0. e IbwE.,

Wm. Bradford'Reynoldh Counsel for Applicants Dated: May 14, 1975 .

UNIT"' STATE 5'Ur AMEHICA' -

NUCLEA.. REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

THE TOLEDO EDISON COMPANY and )

THE CLEVELAND ELECTRIC ILLUMINATING ) . .

COMPANY ) .

-(Davis Besse Nuclear Power Station, ) Docket Nos. 50-346A Unit 1) .

) 50-440A

) 50-441A THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL., )

(Perry Nuclear Power Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing .

" Minutes Of Conference Call With Board Chairman On May ], 1975," were served upon each of the persons listed on the attached Serv' ice List, by hand delivering a copy to those persons in the Washington, D. C. area and by.

mailing a copy, postage prepaid, to all others, all on this 14th day of May, 1975 .-

SHAW, PITTMAN, POTTS & TROW 3 RIDGE .

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By: 1. _ c h _ . w. A-.

Wm. Bradforq Reynolds Counsel for Applicants Dated: May 14, 1975 O

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. .nvwu ,- au.u w am. vn. % v. .na s a iv..

Before the- Atomic Safety and Licensinc 1:cnrd

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In the Matter of. .. ) . ,

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• THE TOLEDO EDIS0!! CO:IPAHY and .) .

Ti1E CLEVELAI:D ELECTRIC

) '

ILLUMIl!ATII!G COMPA!!Y ) . - *

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(Davis-Besso Nuclear Power ,) Docket Nos. 50-346A Station, Unit 1) ) -

50 1140^

) -

50-441A -

THE CLEVELAI'D ELECTRIC ) .- -

ILLUMINATING COMPANY, ET AL. ) *-

) -

(Perry Hue: car Power :t'lant, )

~

Units 1 and 2) -

). .

SERVICE LIST -

Douglas V. Rigler, Esq. -

Mr. Chase R. Stephens -

Chairman, Atcmic Safety and Docketing & Service Section  ;

Licensing Board. .U.S'. Nuclear Regulatory C~cmmission i

Foley, Lardner, Hollabaugh 1717 H Street, N.W.  !

and Jacobs .

. Washington, D. C. 20006 Schanin Building .

815 Connecticut Avenue, N.W.

Benjamin H. Vogler, Esq.'

Washington, D. C. 20006 *

.' Office of General Counsc1

' Rogulation John H. Brebbia, Esq.

Atomic Safety and Licensing Board U.S. Nuclear Regulatorv Commission Washington, D. C. 20555 Alston, Miller & Gaines -

1776 K Street, N.W. Robert J. Verdisco, Esq.

.Wushington, D. C. 20006 , ,

Office of General Counsel

~ ' Regulation A i sa t .d Nensing -

U.S. Nuclear Regulatory Commission

. Board Panel Washington, D. C. 20555 ,

U. S. Nuclear Regulatory Commission Washington, D..C. 20555 Roy P. Lessy, Jr., Esq.

.. Office of Conoral Counsci 1 Regulation

' Atomic Sarcty and Licensing U.S. Nuclear Regulatory Commission Donrd Panel Washington, D. C. 20555 U.S. Nuclear Regulatory Commission ,

Washington, D. C. 20555 .

. .  ;

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Joseph J. Saundern, Ecq. Leslic llenry, cq' Stcycn M. Charno, Esq.  : Fu'ller, llenry, llodge & Snyder Antitruct Division 30011adicon Avenue ..

Department of Juntice Toledo, 0hio 1136011 Wachington, D. C. 20530 .  :

Thomas A. Xay.ha, Esq.

Helvin G. Berner, Esq. Ohio Edicon Company l

Antit:ruct Division 47 North Main Street Department of Juctico .: Akron, Ohio 111308 1

. Washincton, D. C. 20530 * '

Thomas J. Munsch, Esq.

Reuben Goldberg, Esq. -

General Attorney David C. lijcimfelt, Ecq. . :Duquenne Licht Company 1700 Pennsylvania Ave., N.W. 435 Sixth Avenue -

WashinCton, D. C. 20006 Pittsburgh, Pennsylvania 15219

Frank R. Clokey, Esq. David Olds, Esq. '

.Special Assistant '

Read, Smith,.Shaw & McClay

• Attorney General Union Trust Building Room 219 Box 2009 '-

Towne llouse Apartments

• P.it,tsburgh, Pennsylvania 15230 Harrisburg, Pennsylvania 17105 ' . .'

, John Lansdale, Esq.

Mr. Raymond Xudukis Cox, Lancford & Brown Director of Utilities 21 Dupont C12 ale, N.W'.

City of Cleveland Washington, 3. C. 20036 1201 Lakeside Avenue * -

Cleveland, Ohio 44114 -

.Wallace L. Duncan, Esq.

• Jon T. Brown, Esq. '

Herbert R. Whiting, Director Duncan, Drc m a Palcer Robert D. llart, Enq.

• 1700 Pennsylvania Ave. , H.U.

Department of Law Washington, D. C. 20006 1201 Lahoside Avenue -

Clcycland, Ohio 11111'4 1 -

Edward A. M&tto, Esq.

Assistant Attorney General John C. Encic, President . Chief, Antitrust Section AMP-0, Inc. -

30 East Broad Street, 15th Floor Municipal B:ildinC Columbus, Ohio 43215 20 liinh Street . e. . u - 2 llamilton, Ohio 115012 Richard M. Firestone, Esq. .

. Assistant Attorney General Donald !!. !!auser, Esq. .. Antitrust Section

, Corporato Solicitor 8 30 E. Broad Street, 15th Floor i The Cleveland lQcetric Columbus, Ohio 43215 Illuminatinn Company -

55 Public Squarc -

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Deborah P. Highsmith, Ecq.

01cycland, Ohio 11101 11 Assistant Attorney General Antitrust Section

- - *? 30 East Broad Street, 15th Floor

, Columbus, Ohio 113215

. Christopher R. Schraff, Eng.

Accintant Attorney Cencral

.. Environmental Law Section 361 Ea.nt Broad Street, GLh Floor

-, . . . . . i. , , $ c

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