ML19329C261

Minutes of DC Hjelmfelt 750610 Telcon W/Counsel:Dv Rigler (Aslb),Wb Reynolds (Applicant),Mg Berger (Doj),J Rutberg (NRC) & RM Firestone (State of Oh) Re Ruling on Identity of Persons Who May Be Present During Depositions

ML19329C261
Person / Time
Site:	Davis Besse, Perry
Issue date:	06/12/1975
From:	Hjelmfelt D CLEVELAND, OH, GOLDBERG, FIELDMAN & LETHAM, P.C.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19329C262	List: ML19329C261 ML19329C266
References
NUDOCS 8002120975
Download: ML19329C261 (10)

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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) )

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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.

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, 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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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 /

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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

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• ATTA( rIMENT (Continusd)

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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

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