ML19329D141

City of Cleveland,Oh Amend to Petition to Intervene.Petition Should Be Granted.Certificate of Svc Encl

ML19329D141
Person / Time
Site:	Davis Besse
Issue date:	07/27/1971
From:	Ardery P BROWN, ARDERY, TODD & DUDLEY, CLEVELAND, OH
To:	US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19329D137	List: ML19329D141 ML19329D144 ML19329D146 ML19329D148
References
NUDOCS 8002250850
Download: ML19329D141 (5)

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UNITED STATES OF RKERICA ATOMIC ENERGY COMMISSION In the Matter of -

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THE TOLEDO EDISON COMPANY and )

THE CLEVELAND ELECTRIC ILLUMINATING ) Docket No. 50-346 COMPANY )

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Davis-Besse Nuclear Power Station )

CITY OF CLEVELAND, OHIO AMENDMENT TO PETITION TO INTERVENE The City of Cleveland, Ohio (Cleveland) for amendment to its petition to intervene heretofore filed, states:

1. On the 22nd day of July counsel for Cleveland re-ceived an " Answer of AEC Regulatory Staff to Petition to Inte.r-vene of the City of Claveland and to Motion for Extension of Time by the Applicants." The aforesaid answer states in part:

"By a litter dated July 9, 1971, the Attorney General, pursuant to section 105c. of the Atomic Energy Act of 1954, as amended, advised the Commission that an antitrust hearing would not be required on this application. The let-ter of advice stated that the petitioner and one of the applicants were presently in negotia-tions which could settle the difference between the petitioner and that applicant."

2. Section 105c. of the Atomic Energy Act of 1954 was obviously put ,iri the act with Congressional intent to

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assist small consumer systems in resisting the monopoly of large invhstor companies. The Department of Justice ,

(" Justice") by its letter dated July 9,. 1971, has chosen ,

to ignore its responsibilities under the Act and to take' an apparent position of advocacy of the investor companies. .

The answer of AEC filed July 19, 1971, referring to the', -

- letter from " Justice", states: " petitioner and one.of the applicants were presently in negotiations which could settle

the differences between the petitioner and that applicant."

This could only-have come to " Justice" as a consequence of ex-parte communication from applicants. Cle.veland has had no communication with " Justice" respecting any negotiations.*

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3 '. " Justice" in its letter of July 9 states that Cleveland has made no " request either to CEI or Toledo Edison" to participate in ownership of the Davis Eesse i Station. Cleveland's petition to intervene was mailed July 6, copies to both applicants and to " Justice." In due course

.This attitude of " Justice" is consistent with what one of its own staff attorneys was recently quoted as saying:

"The Division files against routine price fixers or

, third rate industries, likie the ones against the j anitorial services and chrysanthemums. Existing power is left un-

-touched. God save,the consumer if this agency is supposed ~

to be protecting them." The Closed Enterprise System, P. 200.

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of post " Justice" should.have .had this' document by the Eime i

the 1e'tter was mailed. At any rate the petition to in.tervene certainly' constitutes the " request" which " Justice" says has never been made. ,

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4. With' regard to the " negotiations" which " Justice" states are going on, this is to inform the Commission that these

" negotiations" h. ave ccepletely broken dzrn owing to the refusal of Cleveland Electric Illuminating Company (CEI) to live up to an agreen.ent ~it made in an informal conference before the FPC and 1,ater in a' conference in Cleveland. Cleveland has paid CEI $400,000.00 and made other commitments which it has strictly

- adhered to in an effort to get a permanent. interconnection be-I tween Cleveland and CEI. CEI made a commitment to confer on engineeringiIithClevelandtheweekofJuly12withrespectto ,

establishment of a permanent intertie.' Despite Cleveland's continuous' efforts to get CEI to live up to this commitment, 4

CEI has used one cynical ruse after anoth~a in preventing such engineering communication. ,.

5. If' Cleveland cann'ot get help from some regulatocy' .

authority, be it' AEC, . FPC, " Justice" or whatever, it is clear- ,

in the understanding that it will remain-isolated and never have a permanent interconnection with' CEI such as is required .

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for continued reliability of the Cleveland system and protection of the thousands of people in Cleveland de-pendent thereon. ,

a submitted, Respectfuly\ .

b d.  ; b ( O}tY

• PHIfIPP. ARDsRY' )

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Brown, Ardery, Todd & Dudley ,

Kentucky Home Life Building.

Louisville, Kentucky 40202 Attorney for City of Cleveland, Ohio July 27, 1971 ,

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• 1 s CERTIFICATE OF SERVICE r I hereby certify that copies of City of Cleveland, Ohio Amendment to Petition to Intervene, dated July 27, 1971, were served on the following'by deposit in the United States -

Mail, first class or airmail, this 27th day of July,1971:

Mr. Roger B. Williams E. W. Arnold, M.D. ,

Atomic Energy Coordinator Director of Health -

Development Department .0hio Department of Health 65 South Front Street 450 East Town Street P. O. Box 1001 Columbus, Ohio 43216

. Columbus, F io 43215 Algic A. Wells, Esquire Gerald Charnoff, Esquire Atomic Safety and Licensing Shaw, Pittman, Potts, Trowbridge Board Panel ,

& Madden U. 'S.. Atomic Energy Commission 910 17th Street, N. W. Washington, D. C. 20545 Washington, D. C.

Donald H. Hauser, Esquire Mr. Stanley T. Robinson, Jr. Managing Attorney Chief, Public Proceedings Branch Cleveland Electric Illuminating Office of the Secretary of the ' Company Commission Public Square U.S. Atomic Energy Commission Cleveland, Ohio 44101 Washington, D. C. 20545 Richard W. McLaren, Esquire Asst. Attorney General ,

UlS. Department of Justice Washington, D. C. 20530 -

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-Q\.S Phi ip P. AWery, Attorney for City of Cleveland, Ohio July 27, 1971 ,

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