ML19329C991

Notifies That City of Cleveland Is Transmitting Depositions of Squire,Sanders & Dempsey Partners & Secretary to Cleveland Sinking Fund Under Separate Cover to Aslab

ML19329C991
Person / Time
Site:	Davis Besse, Perry
Issue date:	04/22/1976
From:	Jennifer Davis CLEVELAND, OH
To:	Mike Farrar, Rosenthal A, Salzman R NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8002240009
Download: ML19329C991 (2)

Text

i k V., . .: 6ilhn of Clebehmb i RALPH J. PERK, MAYOR OCPARTMENTOFLAW ROOM 29 3 e CITY HALL JAMcs D. D AVIS CLEVELAND. CHIO 449 t o OrntCTon (28e) 4s4 2000 April 22,1976 Alan S. Rosenthal Chairman Atomic Safety and Licensing Appeals Board U. S. Nuclear Regulatory Commission

.. Washington, D. C. 20555 -

, - - ~

Michael C. Farrar g.d-k_ -

Atomic Safety and Licensing Appeals Board U. S. Nuclear Regulatory Commission g,Y '\

y (  : y\G Washing ton , D . C . 20555 -j \

9 AFR Richard S. Salzman <..,...s-- ISI3 (/s.f@f Atomic Safety and Licensing Appeals Board 9, ~so

'b U. S. Nuclear Regulatory Cornmission 'e.

& d)

Washington, D. C . 20555 * /Tsi M Re: The Toledo Edison Company and The Cleveland Electric Illuminating CompanyJDavis-Besse Nuclear Power Station Unit 1) NRC No 50-346 ALThe Cleveland Electric lliumin-ating Company, et al. (Perry Nuclear Power Plant, Units 1 and 2) NRC Docket Nos. 50-440A and 50-441A; The Toledo Edison Company, et al (Davis-Besse Pc.wer Station Units 2 aad 3) NRC Docket Nos. 50-500A and 50-501A.

Gentlemen:

In his Brief of Squire, Sanders & Dempsey, re: Special Section 2.713(c)  ;

, Proceeding filed with the Appeal Board April 1. J976, Mr. Gallagher, Counsel '

foi- that firm made extensive use of depositions taken in another case. This other case is a trebel damage antitrust case encapJoned City of Cleveland, Plaintiff v. The Cleveland Ele -wie Illuminating Company, et al, Defendants in the United States District Court for the Northern District of Ohio. Eastern Division, Civil Action No.75-560. In that case, acting as Law Director of the City of Cleveland, the undersigned took the depostions of SS&D partners John Lansdale. l Jr. , John Brueckel and Daniel J. O'Laughlin as well as the deposition of ' '

l former Secretary to the Cleveland Sinking Fund, Howard Holton. These 80022400 W b

s Alan S. Rosenthal, aalrman Page 2 Atomic Safety and Licensing Appeals Board April 22,1976 Michael C. Farrar Atomic Safety and Licensing Appeals Board Richard S. Salzman "

Atomic Safety and Licensing Appeals Board depositions were not made part of the record below in the deliberations of the Licensing Board or the Special Board. Nevertheless since Squire, Sanders and Dempsey has opened the door by quoting those selected portions of those depositions that they deem helpful to their case, the City in self defense has further quoted from these depositions its Briefin Support of Order of Licensing Board Suspending SS&D From Further Participating in These Proceedings of April 21, 1976. Because this likewise leaves the record in a confused and unsatisfactory state, the City is now transmitting under separate cover the above four (4) depositions in their entirety to the Appeal Board for whatever use it may choose to make of them.

The City also notes with interest that Squire, Sanders and Dempsey has made use of the testimony of its partner Daniel O'Laughlin before the Special Board all of vhich testimony was stricken when that Special Board reversed itself and elected to decide the matter of disqualification upon the briefs, affidavits and documents originally submitted. Since the entire transcript of matters before this Special Board is presumably available to the Appeal Board, the  ;

City will leave to the Appeal Board what use it may choose to make of that transcript in view of the action of SS&D in quoting from it after it was stricken.

Respectfully ,

w b ODO3 i

JAMES B. DAVIS Director of Law JBD:anm cc: All parties 1

1

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