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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20212J1581999-09-30030 September 1999 Order Approving Transfer of License & Conforming Agreement. Orders That License Transfer Approved,Subj to Listed Conditions ML20205D4901999-02-22022 February 1999 Transcript of 990222 Informal Public Hearing on 10CFR2.206 Petition in Rockville,Md.Pp 1-105.Supporting Documentation Encl ML20198L1911998-12-21021 December 1998 Submits Comments Re Proposed Rule to Revise 10CFR50.59, Changes,Tests & Experiments ML20198L1361998-12-15015 December 1998 Comment Opposing Proposed Rule 10CFR50.65 Re Requirements for Monitoring Effectiveness of Maint of NPP ML20198D9711998-11-0909 November 1998 Petition Per 10CFR2.206 Requesting That Facility Be Immediately Shut Down & OL Be Suspended or Modified Until Such Time That Facility Design & Licensing Bases Properly Updated to Permit Operation with Failed Fuel Assemblies ML20155F4561998-08-26026 August 1998 Demand for Info Re False Info Allegedly Provided by Wh Clark to Two NRC Licensees.Nrc Considering Whether Individual Should Be Prohibited from Working in NRC-licensed Activities for Period of 5 Yrs ML20236V5261998-07-20020 July 1998 Computer Access & Operating Agreement Between Cleveland Electric Illuminating Co & NRC PY-CEI-NRR-2284, Comment Opposing Proposed Generic Communication, Lab Testing of Nuclear-Grade Activated Charcoal1998-05-21021 May 1998 Comment Opposing Proposed Generic Communication, Lab Testing of Nuclear-Grade Activated Charcoal ML20216B5111998-04-0909 April 1998 Order Imposing Civil Monetary Penalty.Denies Request for Remission of Violation C,Ea 97-430 & Orders Licensee to Pay Civil Penalty in Amount of $50,000 within Next 30 Days PY-CEI-NRR-2269, Comment on Proposed Rule 10CFR50.NRC Should Demonstrate That Not Only Is Code Process Flawed,But That Proposed Change Justified from Cost Versus Safety Protective1998-04-0303 April 1998 Comment on Proposed Rule 10CFR50.NRC Should Demonstrate That Not Only Is Code Process Flawed,But That Proposed Change Justified from Cost Versus Safety Protective ML20217J2161998-03-27027 March 1998 Comment on Proposed Generic Communication Re Lab Testing of nuclear-grade Activated Charcoal ML20217F5361998-03-25025 March 1998 Comment Opposing Draft Regulatory Guide DG-1071, Std Format & Content for Post-Shutdown Decommissioning Activities Rept ML20217J0661998-03-11011 March 1998 Order Approving Application Re Merger Agreement Between Dqe, Inc & Allegheny Power System,Inc ML20216G3821998-03-11011 March 1998 Order Approving Application Re Merger Agreement Between Duquesne Light Co & Allegheny Power Systems,Inc ML20199J4651998-01-22022 January 1998 Comment Opposing Draft RG-1070, Sampling Plans Used for Dedicating Simple Metallic Commercial Grade Items for Use in Npps. RG Unnecessary Based on Use of EPRI Guideline & Excellent Past History of Commercial Grade Items at DBNPS ML20198P9311997-11-0707 November 1997 Comments of American Municipal Power-Ohio,Inc.NRC Should Require Allegheny Power Sys,Inc to Affirm That Capco Antitrust License Conditions Will Be Followed ML20148M6421997-06-17017 June 1997 Comment on Proposed NRC Bulletin 96-001,suppl 1 Re Control Rod Insertion Problems.Nrc Should Review Info Provided in Licensee 970130 Submittal & Remove Statements of Applicability to B&W Reactors from Suppl Before Final Form ML20134L3401997-01-22022 January 1997 Resolution 96-R-85, Resolution Supporting Merger of Centerior Energy Corp & Ohio Edison Under New Holding Co Called Firstenergy ML20133B6941996-12-18018 December 1996 Submits Ordinance 850-96 Re Approval of Merger of Centerior & Oh Edison Into Firstenergy ML20135F4731996-12-0606 December 1996 Memorandum & Order CLI-96-13.* Commission Reverses & Vacates ASLB LBP-95-17 Which Granted Motion for Summary Disposition Submitted by Ocre & Hiatt.W/Certificate of Svc.Served on 961206 ML20132A8461996-12-0202 December 1996 Resolution 20-1996 Supporting Merger of Ohio Edison & Centerior Corp Under New Holding Company Called Firstenergy ML20134M6191996-10-28028 October 1996 Proclamation of Support by City of Sandusky,Oh Re Merger of Ohio Edison and Centerior Energy Corp ML20112J8281996-06-18018 June 1996 Licensee Reply Brief on Review of Licensing Board Decision LBP-95-17.* W/Certificate of Svc ML20112D8721996-05-29029 May 1996 Intervenor Brief in Support of Commission Affirmation of LBP-95-17.* Commission Should Affirm Licensing Board Decision.W/Certificate of Svc ML20108D9571996-05-0303 May 1996 CEI Response to City of Cleveland 2.206 Petition.Nrc Should Deny Petition ML20108B7571996-04-26026 April 1996 Licensee Brief on Review of Licensing Board Decision LBP-95-17.* Recommends That Commission Reverse Board Memorandum & Order Issued 951004.W/Certificate of Svc & Svc List PY-CEI-NRR-2034, Comment Opposing Proposed Rule 10CFR20 Re Reporting Requirements for Unauthorized Use of Licensed Radioactive Matl1996-03-11011 March 1996 Comment Opposing Proposed Rule 10CFR20 Re Reporting Requirements for Unauthorized Use of Licensed Radioactive Matl ML20097G5731996-02-13013 February 1996 Comment Supporting Petition for Rulemaking PRM-50-63 Re Use of Potassium Iodide ML20097B8911996-01-23023 January 1996 Motion of City of Cleveland,Oh for Partial Summary Judgement or in Alternative,For Severance of Issue & Expedited Hearing Procedures ML20101B5841996-01-23023 January 1996 Motion of City of Cleveland,Oh for Partial Summary Judgement Or,In Alternative,For Severance of Issue & Expedited Hearing Procedures.W/Certificate of Svc ML20097B8721996-01-23023 January 1996 Petition of City of Cleveland,Oh for Expedited Issuance of Nov,Enforcement of License Conditions & Imposition of Appropriate Fines,Per 10CFR2.201,2.202,2.205 & 2.206 ML20096E9781996-01-0808 January 1996 Comment on Proposed Suppl to GL 83-11, Licensee Qualification for Performing Safety Analyses in Support of Licensing Actions ML20096E2471996-01-0303 January 1996 Comment on PRM 50-64 Re Stockpiling Ki for Use as Thyroid Protectant in Event of Nuclear Accident.Supports Distribution of Ki to Public ML20094N1951995-11-17017 November 1995 Oh Edison Application for License Transfer in Connection W/ Sale & Related Transactions ML20094M5941995-11-15015 November 1995 Intervenors Answer to Licensees Petition for Review.* Intervenor Conclude That Commission Should Not Review Board Decision.W/Certificate of Svc ML20094J9141995-11-0707 November 1995 Petition for Review.* Submits That Commission Review of Board Decision Appropriate Under 10CFR2.786. W/Certificate of Svc & Svc List ML20093N9491995-10-23023 October 1995 Licensee Request for Extension of Time to File Petition for Review.* Requests That Commission Grant Extension Until 951107 of Deadline for Filing Petition for Review. W/Certificate of Svc ML20087J3611995-08-14014 August 1995 Comment Opposing Proposed Rule 10CFR2 Re Rev of NRC Enforcement Policy ML20086M8241995-06-29029 June 1995 Comment on Proposed Review of NRC Insp Rept Content,Format & Style ML20083M8701995-05-10010 May 1995 Comment on Proposed Rule 10CFR50 Re Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactor ML20081C8841995-03-0303 March 1995 Comment Re NRC Proposed Generic Communication Suppl 5 to GL 88-20, IPEEE for Severe Accident Vulnerabilities. Util Ack NRC Efforts to Reduce Scope of GL 88-20,but Believes That Proposed Changes Still Overly Restrictive ML20077M5831995-01-0404 January 1995 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & low-power Operations for Nuclear Power Reactors ML20072K3611994-08-16016 August 1994 Comment Opposing Proposed Rule 10CFR72 Re Plans for Storage of Sf at Davis Besse NPP ML20072K4411994-08-14014 August 1994 Comment Opposing Proposed Rule 10CFR72 Re Dry Storage of Nuclear Waste at Facility in Toledo,Oh ML20072K5261994-08-12012 August 1994 Comment Supporting Proposed Rule 10CFR72 Re Addition of Standardized NUHOMS Horizontal Modular Storage Sys to List of Approved Sf Storage Casks ML20072B1581994-08-0909 August 1994 Comment Opposing Proposed Rule 10CFR72 on List of Approved Spent Fuel Storage Casks:Addition ML20029D8221994-04-19019 April 1994 Comments on Proposed Rule 10CFR50 Re Codes & Stds for Nuclear Power Plants;Subsection IWE & Subsection Iwl ML20065L3571994-04-0505 April 1994 Intervenors Answer to NRC Staff Response to Intervenors Motion for Summary Disposition & Licensees Cross Motion for Summary Disposition.* Urges Board to Deny Licensee Cross Motion.W/Certificate of Svc ML20064N6081994-03-21021 March 1994 Licensee Cross Motion for Summary Disposition & Answer to Ohio Citizens for Responsible Energy,Inc & SL Hiatt Motion for Summary Disposition.* Moves for Decision in Licensee Favor on Ocre Contention ML20064N6341994-03-21021 March 1994 Affidavit of RW Schrauder in Support of Licensee Cross Motion for Summary Disposition & Answer to Ohio Citizens for Responsible Energy,Inc & SL Hiatt Motion for Summary Disposition.W/Certificate of Svc 1999-09-30
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20155F4561998-08-26026 August 1998 Demand for Info Re False Info Allegedly Provided by Wh Clark to Two NRC Licensees.Nrc Considering Whether Individual Should Be Prohibited from Working in NRC-licensed Activities for Period of 5 Yrs ML20198P9311997-11-0707 November 1997 Comments of American Municipal Power-Ohio,Inc.NRC Should Require Allegheny Power Sys,Inc to Affirm That Capco Antitrust License Conditions Will Be Followed ML20134L3401997-01-22022 January 1997 Resolution 96-R-85, Resolution Supporting Merger of Centerior Energy Corp & Ohio Edison Under New Holding Co Called Firstenergy ML20133B6941996-12-18018 December 1996 Submits Ordinance 850-96 Re Approval of Merger of Centerior & Oh Edison Into Firstenergy ML20132A8461996-12-0202 December 1996 Resolution 20-1996 Supporting Merger of Ohio Edison & Centerior Corp Under New Holding Company Called Firstenergy ML20134M6191996-10-28028 October 1996 Proclamation of Support by City of Sandusky,Oh Re Merger of Ohio Edison and Centerior Energy Corp ML20108D9571996-05-0303 May 1996 CEI Response to City of Cleveland 2.206 Petition.Nrc Should Deny Petition ML20097B8911996-01-23023 January 1996 Motion of City of Cleveland,Oh for Partial Summary Judgement or in Alternative,For Severance of Issue & Expedited Hearing Procedures ML20094N1951995-11-17017 November 1995 Oh Edison Application for License Transfer in Connection W/ Sale & Related Transactions ML20114A8841992-08-17017 August 1992 Designation of City of Brook Park,Oh of Adopted Portions of Summary Disposition Pleadings.* Brook Park Not Advancing Any Addl Argument or Analysis in Connection W/Designation,Per 920806 Memorandum & Order.W/Certificate of Svc ML20101E5241992-06-15015 June 1992 Notice of Appearance on Behalf of City of Brook Park,Oh.* Listed Counsel Entering Appearance on Behalf of City of Brook Park,Oh in Facility Proceeding ML20091E2431992-04-0202 April 1992 Notice of Appeal.* Appeals Decision of ASLB in Proceeding LBP-92-04 ML20085K7131991-10-23023 October 1991 Notice of Appeal.* Notice Served Due to Board Error in Granting Hearing on Applications for Suspension of Antitrust License Conditions ML20079H4331991-10-0101 October 1991 Notice of Appearance.* Enters Appearance Into Proceeding. W/Certificate of Svc ML20085K8371991-10-0101 October 1991 Notice of Appearance.* Informs of Entrance Into Proceeding. Name,Address & Telephone Number Encl.W/Certificate of Svc ML20083F1071991-09-26026 September 1991 Notice of Appearance.* Requests Appearance in Proceeding Re Denial of Applications for OL Amends to Suspend Antitrust License Conditions.W/Certificate of Svc ML20083F1611991-09-24024 September 1991 Notice of Appearance.* Informs of Entrance of Appearance Into Proceeding.W/Certificate of Svc ML20083F1411991-09-23023 September 1991 Notice of Appearance.* Informs of Entrance of Appearance Into Proceeding.W/Certificate of Svc ML20076D2631991-07-22022 July 1991 Notice of Intent to Participate.* Files Notice of Intention to Participate in Proceeding Re Facility Concerning Antitrust Laws.W/Certificate of Svc ML20077C9371991-05-0505 May 1991 Notice of Withdrawal of Appeal.* Intervenor Withdrawing Notice of Appeal,Filed 901119 & Appellate Brief,Filed 901219 Re Facility.W/Certificate of Svc ML20235T6501988-11-10010 November 1988 Incomplete Abstracts of Papers,Per 58th Annual Meeting ML20207K1101988-09-13013 September 1988 Comments of City of Cleveland,Oh in Opposition to Application for Suspension of OL Antitrust Conditions. Centerior Energy Corp Application Should Be Denied Because Company Misinterprets Scope of Sholly Amend ML20151D3321988-07-0707 July 1988 Requests That Deadline for Filing Comments on Centerior Application Be Extended 60 Days,Until 880914.Certificate of Svc Encl ML20197F5631988-06-0606 June 1988 Receipt of C Kline,T Burling,R Bimber & R O'Connell Petition,On Behalf of Concerned Citizens of Lake County, Citizens of Geauga County & Concerned Citizens of Ashtabula County,For Director'S Decision Under 10CFR2.206 ML20235T6211988-02-28028 February 1988 Northeastern Oh Earthquake of 860131:was It Induced.* Paper from Bulletin of Seismological Society of America,Vol 78, Number 1 ML20215D5861987-06-12012 June 1987 Response of Intervenors to Decision of Administrative Judges Hoyt & Kline on 870415 to Allow Low Level Radwaste on Davis-Besse Site.* Great Lakes Area People Should Not Be Stuck W/Amateur Handling of Radwastes.W/Certificate of Svc ML20212F5411987-03-0303 March 1987 Memorandum Re Antitrust Reviews Associated W/Cleveland Electric Illuminating Co & Ohio Edison Co 870123 Application for Amend to License NPF-58 Concerning Sale & Leaseback Transactions.Supporting Documentation Encl ML20214C7641986-11-0303 November 1986 Resolution Encouraging NRC to Withhold Approval of Operation at More than 5% Capacity Pending Review of Evacuation Plan.Served on 861120 ML20215K4641986-10-24024 October 1986 Resolution Calling on R Celeste to Take Steps to Permanently Close Subj Plants & Ban All Future Plants in State of Oh & Advocating Operation of Monitoring Sys at Perry Power Plant by Party Other than Util.Served on 861027 ML20214P9871986-09-18018 September 1986 Notice of Change of Address for Shaw,Pittman,Potts & Trowbridge.Certificate of Svc Encl ML20214Q3441986-09-18018 September 1986 Notice of Change of Address & Telephone Number for Licensee Counsel,Effective 860927.Certificate of Svc Encl.Related Correspondence ML20214R0631986-09-17017 September 1986 Ordinance 1986-189 Requesting Rev of Radiological Emergency Response Plan Extending Boundaries to Include City of Willoughby.Served on 860925 ML20205F2891986-08-15015 August 1986 Response Recommending Denial of Sunflower Alliance,Inc 860808 Notice of Appeal from Aslab 860725 Decision ALAB-841 Re Emergency Planning.Certificate of Svc Encl ML20202F8481986-07-10010 July 1986 Notice of Hearings on 860805-07 in Sandusky,Oh.Served on 860711 ML20206D6821986-06-18018 June 1986 Notice of Appearance in Proceeding.Certification of Svc Provided ML20195B5251986-05-20020 May 1986 Resolution 86-45 of City of Broadview Heights,Oh Opposing Util Application to Bury Radioactive Sludge at Site. Resolution Declared Emergency Measure for Preservation of Public Health & Safety.Served on 860528 ML20198Q8141986-04-28028 April 1986 Resolution 63-86 Opposing Burial of Radioactive Sludge in Lands on Plant Site Near Navarre Marsh & Adjacent to Lake Erie.Served on 860604 ML20155F6341986-04-17017 April 1986 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20203B6461986-04-14014 April 1986 Notice of Appearance in Proceeding.Certificate of Svc Encl. Served on 860417 ML20235T4461986-04-0808 April 1986 Earthquake on 860131 Near Chardon,Oh & Significance for Perry Nuclear Power Plant & for Earthquake Hazard in Eastern Us.* Testimony Before Subcommittee on Energy & Environ ML20205M3981986-04-0707 April 1986 Amended Emergency Resolution 29-86 Urging Governor of State of Oh to Aggressively Examine & NRC to Hold Formal Hearings on Burial of Nuclear Waste on Site.Served on 860414 ML20154R5891986-03-25025 March 1986 Certifies Svc of Appeal Board 860325 Grant Endorsing Applicant Motion for Leave to Resubmit Figures to Listed Individuals ML20138A8331986-03-17017 March 1986 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20153G3331986-02-25025 February 1986 Notice of Appearance in Proceeding.Certificate of Svc & Svc List Encl ML20205K4951986-02-25025 February 1986 Notice of Appointment of Hf Hoyt as Presiding Officer to Conduct Informal Proceeding to Consider & Decide All Issues Re Util 830714 Request for Authorization for Onsite Disposal of Byproduct Matl,Per 860220 Order.Served on 860226 ML20202J8391986-02-17017 February 1986 Resolution 1986-12 Requesting That NRC Rescind Approval for Radwaste Disposal at Plant.Served on 860415 ML20203A0021986-02-17017 February 1986 Resolution 86-10 Opposing Util Application to Bury Radioactive Sludge at Plant.Served on 860415 ML20205K4821986-02-17017 February 1986 Resolution 86-10 (Effective 860217) Opposing Util Application to Bury Radioactive Sludge at Site.Served on 860226 ML20235T4301986-01-31031 January 1986 Studies of 860131 Northeastern Ohio Earthquake.* ML20198H8971986-01-29029 January 1986 Response to Aslab 860103 Memorandum & Order Re Hydrogen Control Rule.Consideration of Accidents Involving Station Blackout W/Rcic Unnecessary to Determine Adequacy of Preliminary Analysis 1998-08-26
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter Of )
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The Toledo Edison Company and ) Docket Nos. 50-346A The Cleveland Electric Illuminating ) 50-440A Company ) 50-441A (Davis-Besse Nuclear Power Station )
Unit 1) )
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The Cleveland Electric Illuminating )
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Company, et al. , )
(Perry Nuclear Power Plant )
Units 1 and 2) )
)
MINUTES OF CONFERENCE CALL WITH BOARD CHAIRMAN ON JUNE 10, 1975 On Tuesday, June 10, 1975 counsel for the City of Cleveland initiated a conference call at 10:00 A. M. Participants in the conference I call were: Licensing Board Chairman Douglas V. Rigler; Mr. William B.
Reynolds, counsel for Applicants; Mr. Melvin G. Berger, counsel for Department of Justice; Mr. Joseph Rutberg, counsel for Nuclear Regulatory Commission Staff; Mr. Richard M. Firestene, counsel for the State of Ohio; and Messers Wallace E. Brand and David Hjelmfelt, counsel for the City of Cleveland.
Mr. Brand stated that the purpose of the conference call was to obtain a ruling from the Board regarding the identity of persons who may
.be present during the taking of depositions. Mr. Brand stated that in pre-vious depositions it had been agreed that each party taking a deposition may be assisted by an expert even if that expert may subsequently appear as a witne s s. Pursuant to that agreement, Cleveland had not objected to the 8002120fpg
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presence of Dr. Joe Pace, an economist with NERA, during the depo-sition of Mr. Dumbrys. Mr. Brand stated that during today's depositions of CEI personnel, Cleveland proposed to have Mr. Cristell attend. Now Mr. Reynolds wanted to extract an agreement that if the party taking the deposition had other persons present the party representing deponent may also have other persons in attendance. Mr. Brand stated that there was no basis for extracting such an agreement.
Mr. Reynolds responded that his position was as Mr. Brand had stated. The parties had previously agreed to the presence of experts.
Mr. Cristell is not an expert but a fact witness.
Chairman Rigler asked Mr. Brand how he would be assisted by Mr. Cristell?
Mr. Brand answered that Mr. Cristell works in marketing for MELP and would assist in framing questions ai.out sales and marketing.
i
, Mr. Reynolds stated that this deponent does not work in sales and l marketing. He also pointed out that he was not proposing the attendance of anyone scheduled for deposition prior to that person's being deposed.
l Chairman Rigler then asked what would be the purpose of the attendance of the people Mr. Reynolds wanted to have attend the depositions ? l l
Mr. Reynolds stated that such persons would assist him in cross- l l
exarnination, j 1
Mr. Berger stated that Mr. Reynolds had refused to go ahead with the depositions until the conference call was made. As a result the parties had lost about 50 minutes of deposition time.
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Mr. Brand stated that he was concerned that the other persons Mr. Reynolds mignt bring to the deposition would confer with the deponent during intermissions.
Mr. Reynolds stated he would agree to insulate the witness from all but his attorney.
Mr. Brand stated that he believed it was a bad practice.
Mr. Rigler said that lawyers should do the deposing. Questions should not be framed by the parties' employees with the lawyers acting merely as conduits. He said that he would not permit anyone to be present to frame questions. He said that he would permit Mr. Cristell to attend.
CEI might also have non-witness personnel in attendance but they would be prec!uded from discussing the depositions with future deponents. Those who have already been deposed may not confer regarding the depositions with those yet to be deposed.
Messers Brand and Berger raised an objection to Mr. Hauser (CEI corporate solicitor) assisting Mr. Reynolds in preparing future witnesses by talking to them about the subject matter of other depositions. Mr. Hauser j has attended many of the depositions and should not be permitted to discuss the substance of earlier depositions with future witnesses.
Mr. Reynolds questioned why Mr. Hauser should be precluded from doing what he would be able to do himself.
Chairman Rigler noted that Messers Brand and Berger could ask whether the witnesses' memory had been refreshed. He stated that he was somewhat convinced by Mr. Reynolds.
Mr. Brand pointed out that attempts to discover whether a witness's memory had been refreshed might be precluded by claims of attorney-client privile ge.
Chairman Rigler stated that he would apply his order to Mr.. Hauser until he could confer with the other Board members and inform the pa rties of the result during a later conference call.
Mr. Brand asked whether prospective deponents were excluded by the Chairman's order.
Chairman Rigler replied that they were. He stated Mr. Hauser should not talk to future witnesses pending further ruling by the Board.
Mr. Berger noted that the NRC staff has considered deposing Mr.
Greenslade and asked whether te ruling applied to Mr. Greenslade also.
Chairman Rigler said that since Mr. Greenslade was not presently noticed for deposition his ruling would not be applied to Mr. Greenslade.
Thereupon the conference call was recessed until 4:30 P. M. The conference call resumed without Messers Firestone and Rutberg pursuant to agreement of those parties.
Chairman Rigler read the following statement:
BOARD'S RULING ON WITNESS EXCLUSION RESULTING FROM TELEPHONE CONFERENCE CALL OF JUNE 10, 1975 The parties made inquiry with respect to the status of Mr. Hauser, an attorney-employee of CEI who has entered an appearance on behalf of CEI in these proceedings. Mr. Hauser has been noticed for deposition. 1 He also has been attending depositions of other CEI witnesses and counsel ;
I for Applicants (Mr. Reynolds) indicated an intent on the part of Mr. Hauser to assist in the preparation of CEI witnesses for forthcoming depositions.
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The Board, relying for guidance on the recently promulgated Federal Rules of Evidence, rules as follows:
As suggested by Rule 615 relating to exclusion of witnesses and at the request of the parties, all potential witnesses shall be excluded from depositions so that they cannot hear the testimony of other witnesses.
With respect to Mr. Hauser, however, we note exception two to the Rule which provides that an officer or employee of a party which is not a natural person designated as its representative by its attorney may not be excluded.
Should Mr. Reynolds designate Mr. Hauser as the officer or employee covered by the provisions of exception two, the Board would not order his exclusion.
A subsidiary question relates to the extent to which Mr. Hauser may assist in the preparation of witnesses yet to be deposed. We note that Rule 612 permits examination with respect to documents used to refresh memory before testimony. Accordingly, other parties may inquire of CEI witnesses with respect to writings examined in preparation for deposition. With respect to transcripts of depositions from witnesses previously deposed, it appears contrary to the intent of Rule 615 to permit yet to be deposed witnesses access to this testimony. Weinstein's Evidence. Vol. 3,1615 [1] at 615-6, fn 9 (19'T5 ed. ) This Rule applies equally to outside or internal counsel in their preparation of witnesses for deposition. The Board construes the Rule broadly enough to cover paraphasing of questions contained in previous trans cripts. The intent of the Rule is to prevent the witness from being influenced or altering his testimony to conform to testimony of another witne s s. In their preparation of witnesses all counsel shall adhere to the
spirit of this Rule.
In view of the provisions of Rules 612 and 615 and the discussions above, the Board sees no purpose in refusing to permit Mr. Hauser to assist in the preparation of CEI witnesses for future depositions.
The same rules will apply with equal force to other internal counsel representing Applicants and indeed to the other parties to these proceedings in the event any of their witnesses are subject to additional depostion.
Messers Reynolds, Berger and Brand all stated the Board's ruling was clear.
Mr. Berger stated that Mr. Hauser's deposition was scheduled for June 20,1975 and asked whether the Master will have completed his review of claims of privilege by then.
Chairman Rigler said that the Master has nearly completed his review.
The Master was delayed by illness but hopes to have some report by the end of this week.
Mr. Brand raised a question with regard to the use of proprietary documents during depositions. l Chairman Rigler referred the parties to the Board's protective order.
He stated that if proprietary documents were used during depositions that those portions of the depositions would be sealed.
Mr. Reynolds stated that the taking of depositions of MELP witnesses was nearly completed and that MELP witnesses had been directed not to !
respond to questions concerning proprietary information. He stated that MELP had agreed to provide such information separately but had not done so. He suggested that it might be necessary to recall some MELP witneases.
Chairman Rigler again referred to the Board's earlier order and said that no other ruling was required because at present Mr. Reynolds
.was simply a'sking for an advisory opinion.
Respectfully submitted, c- e lLltM Y Y, f David C. Hjel felt Goldberg, Fieldman and Hjelmfelt 1700 Pennsylvania Avenue Washington, D. C.
Telephone (202) 659-2333 Attorney for City of Cleveland, Ohio June 12,1975 l
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CERTIFICATE OF SERVICE I hereby . certify that service of the foregoing Minutes of Conference Call with Board Chairman on June 10, 1975 has been made on the following parties listed on the attachment hereto this 12th day of June,1975, by depositing copies thereof in the United States mail, first class or air mail, postage prepaid.
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David C. Hjelinprft /
Attachment i
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I
ATTACHMENT Atomic Safety and Licensing Board Jon T. Brown, Esq.
U. S. Nuclear Regulatory Commission Duncan, Brown, Weinberg & Palmer Washington, D. C. 20555 Suite 777 1700 Pennsylvania Avenue, N. W.
Mr. Frank W. Karas, Chief Washington, D. C. 20006 Public Proceedings Branch Office of the Secretary John C. Engle, President U. S. Nuclear Regulatory Commission AMP-0, Inc.
Washington, D. C. 20555 Municipal Building 20 High Street Douglas V. Rigler, Esq. Chairman Hr. milton, Ohio 45012 Atomic Safety and Licensing Board Foley, Lardner, Hollabaugh Melvin C. Berger, Esq.
and Jacobs Joseph J. Saunders, Esq.
Schanin Building Steven Charno, Esq.
815 Connecticut Avenue, N. W. Antitrust Division Washington, D. C. 20006 Department of Justice Pe t Office Box 7513 John H. Brebbia, Esq.
Washington, D. C. 20044 Atomic Safety and Licensing Board Alston, Miller & Gaines William T. Clabault, Esq.
1776 K Street, N. W. David A. Leckie, Esq.
Washington, D. C. 20006 Department of Justice
~ Post Office Box 7513 John 14. Frysiak, Esq. Washington, D. C. 20044 Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Gerald Charnoff, Esq.
Washington, D. C. 20555 Shaw, Pittman, Potts & Trowbridge 910 17th Street, N. W.
TJenjamin H. Vogler, Esq. Washington, D. C. 20006 Joseph Rutberg, Esq.
Office of the General Counsel Frank R. Clokey, Esq.
Regulation Special Assistant Attorney General U. S. Nuclear Regulatory Commission Room 219 - Towne House Apartments Washington, D. C. 20555 Harrisburg, Pennsylvania 17105 Robert J. Verdisco, Esq. Thomas J. Muns ch, Jr. , Esq.
Roy P. Les sy, Jr. , Esq. General Attorney Office of the General Counsel Duquesne Light Company Re gulation 435 Sixth Avenue U. S. Nuclear Regulatory Commission Pittsburgh, Pennsylvania 15219 Washington, D. C. 20555 David McNeil Olds, Esq.
Abraham Braitman, Esq. John McN. Cramer, Esq.
Office of Antitrust and Indemnity Reed, Smith, Shaw & McClay U. S. Nuclear Regulatory Commission Fost Office Box 2009 Washington, D. C. 20555 Pittsh. rgh, Pennsylvania 15230
y ,s.y -
Pago 2
John R. White, Esq. Leslie Henry, Esq.
Thomas A. Kayuha, Esq. Fuller, Henry. Hodge & Snyder Ohio Edison Company 300 Madison Avenue 47 North Main Street Toledo, Ohio 43604 Akron, Ohio 44308 John Lansdale, Jr. , Esq.
Pennsylvania Power Company - ,
Cox, Langford & B rown 1 East Washington Street 21 Dupont Circle, N. W.
New Castle, Pennsylvania 16103 Washington, D. C. 20036 Lee C. Howley, Esq. Donald H. Hauser, Esq.
Vice President and General Counsel Corporate Solicitor The Cleveland Electric Illuminating Co. The Cleveland Electric Illuminating Co.
Post Office Box 5000 Post Office Box 5000 Cleveland, Ohio 44101 Cleveland, Ohio 44101 Alan S. Rosenthal, Chairman Richard S. Salzman, Chairman Atomic Safety and Licensing Appeals Board Atomic Safety and Licensing Appeals Bd.
U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commis sion Washington, D. C. 20555
- Washington, D. C. 20555 Dr. John H. Buck William C. Parler Atomic Safety and Licensing Appeals Board Atomic Safety and Licensing Appeals Bd.
U. S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Wa s hington, D. C. 20555 Dr. Lawrence K. Quarles Dr. W. Reed Johnson Atomic Safety and Licensing Appeals Board Atomic Safety and Licensing Appeals Bd.
U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commis sion Washington, D. C. 20555 Washington, D. C. 20555 Edward A. Matto Karen H. Adkins Assistant Attorney General Richard M. Firestone Chief, Antitrust Section Assistant Attorneys General 30 East Broad Street, 15th floor Antitrust Section Columbus, Ohio 43215 30 East Broad Street, 15th floor Columbus, Ohio 43215 Christopher R. Schraff, Esq.
Assistant Attorney General Howard K. Shapar, Esq.
Environmental Law Section Executive Legal Director 361 East Broad Street, 8th Floor U. S. Nuclear Regulatory Commission Columbus, Ohio 43215 Washington D. C. 20555
.