ML19319C365

Reply to DOJ Motion for Further Document Production. Reproduction Costs Involved in Providing Matl to DOJ Should Be Borne by Doj.Certificate of Svc Encl

ML19319C365
Person / Time
Site:	Davis Besse, Perry
Issue date:	04/28/1975
From:	Reynolds W CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8002130877
Download: ML19319C365 (8)

Text

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o April 1975 UNITED STATES OF AMERICA NUCLEAR 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, IT AL., )

(Perry Nuclear Power Plant, )

Units 1 and 2) )

APPLICANTS' REPLY TO MOTION BY DEPARTMENT a OF JUSTICE FOR FURTHER DOCUMENT PRODUCTION 4 1. By motion dated April 23, 1975, the Department of Justice requested that the Atomic Safety and Licensing

' Beard order each depo' sing party to produce to counsel fo" the other parties individual copies of each document to be used during the course of depositions. The Department made a request of counsel.for Applicants for such document pro-duction at the deposition of George A. Chuplis on April 22, 1975, and it was refused. It should be noted that the re-fusal related only to the documents used which had been pro-duced to Applicants by the City of Cleveland (" City").1!

1/ Any documents already produced to the Department by Applicants pursuant to discovery requests are clearly not covered by the Department's Motion, since copies of these documents are already in the Department's possession. The dispute concerns only those City documents in Applicants' possession pursuant to Applicants' timely document requests -- l copies of these documents were never furnished to the Depart-  ;

ment by the City because the Department did not seek them l on discovery.

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2. As the transcript of the Chuplis deposition

reflects, Applicants have agreed to make available, for advance examination and for deposition use by other counsel i

participating in the Applicants' depositions, an extra

! copy of each City document which Applicants' counsel plans to refer to during interrogation. If such document is introduced as an exhibit to the deposition, each party

, hereto will, of course, receive a copy thereof with its transcript of testimony. In addition, if the Department l or any other party desires to retain a copy of these depo-i sition documents for its own files -- for example, a City document which was used to refresh recollection but not in-i' troduced as an exhibit -- Applicants have agreed to provide the copy, but have insisted that reproduction in each in-stance be.at the recuesting party's expense.

3 Applicants object to the Department's motion to the extent that it seeks to have Applicants shoulder the reproduction expense that would necessarily be associated 4

with' production to the Department of such depc:1 tion docu- ,

ments. Some 11 deponents of the City have been noticed by Applicants. On the basis of. testimony given last week, it is clear that a number of additional City witnesses must be deposed. Applicants fully anticipate that it will be  ;

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e necessary to refer during these depositions to a large number of the documents produced to Applicants by the City.

Indeed, the City has deposited in the room designated for depositions its total document production to Applicants (two full file drawers).

4. The net effect of the Department's request would be to require Applicants, at Applicants' expense, to produce to the Department a large portion of the City's document production. This is clearly unfair. The Depart-ment chose not to request any document production from the City. It should not now be permitted to obtain free its own separate copy of each City document which Applicants deem to be of sufficient relevance for use on depositions.

5 Nor should Applicants be required to assume the additional expense contemplated by the Department's motion. A substantial financial burden has already been imposed on Applicants in complying with the Department's extensive document requests, including the cost of deliv-ering,a large amount of the produced material to the Central Depository in Washington, D. C. There is no good reason in law or equity now to require them also to pay the cost of producing to the Department documents of the City which were furnished te Applicants pursuant to timely discovery requests -- and which the Department never sought from the City directly.

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. m, l 6. As indicated above, Applicants, of course, i

remain willing to make available to all participating counsel, for advance examination and for use at the depo-

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l sition, those City documents used by Applicants to refresh

! a witness's recollection. If, however, the Department desires to retain a copy of said documents (many of which j are multi-paged) for its own files, it is Applicants' po-l sition that the reproduction costs involved in providing this material to the Department must be assumed by the

,. Department, rath6r than by Applicants.

Respectfully submitted, l SHAW, PITTMAN, POTTS & TROWBRIDGE By: t- .-- A wk Wm. Bradford Reynolds \

Gerald Charnoff Counsel for Applicants Dated: April 28, 1975

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-s UNITED STATES OF AMERICA NUCLEAR 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. 50-3 't 6 A Unit 1) ) 50-440A

) 50-441A THE CLE7 ELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL., )

(Perry Nuclear Power Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing

" Applicants' Reply To Motion By Department Of Justice For Further Document Production" were served upon each of the persons listed on the attached Service List, by hand de-livering a copy to those persons in the Washington, D. C.

area and by mailing a copy, postage prepaid, to all others, all on this 28th day of April, 1975 SHAW, PITTMAN, POTTS & TROW 3 RIDGE -

By: (,. \  %".[J k . , ~1 Wm. Bradford Reynolds i Counsel for Applicants Deted: April 28, 1975 I

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-""'6 UllITED STATE!) 0F AMERICA m NI ^1',AR REGUIATO.RY CO!St4ISSIOt.

Before the Atomic Safety and Licencing Board In the Matter of ) . .

)

Tile TOLEDO EDISCH COMPANY and )

• Tile CLEVELA!!D ELECTRIC ) .

ILLUMIHATli!G COMPAHY ) -

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

) 50 lillA

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Tile CLEVELA!!D ELECTRIC ). - -

ILLUMINATING CCMPAHY, ET AL. ) "

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) . .

(Perry Huclear Pcuer Plant, )

Units 1 and 2) *

). . .

SERVICE LIST .

Douglas V. Rigler, Esq. Mr. Chase R. Stephens.

Chairman, Atomic Safety and Docketing & Service Section Licensing Scard .U.S. Nuclear Regulatory Commiss16n

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

and Jacobs . Washington, D. C. 20006

. Schanin Building

. 815 Connecticut Avenue, N.W. Dondamin H. Vogler, Esq..

Washington, D. C. 20006

• Office of General Counsel Regulation John H. Bretbia, Esq. U.S. Nuclear degulatory Commission

-j Atomic Safety and Licensing Board Washington, D. C. 20555

'Alston, Miller & Gaines 1776 K Street, N.W. Robert J. Verdisco, Esq.

Washington, D. C. 0006 ,

Office of Ger. oral Counsel

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i -- ' Regulation John M. Frysiak, ysq. -

Atomic Safety and Licensing U.S. Nticlear Regulatory Commission Washington, D. C. 20555 Board Panel U. S. Nuclear Regulatory Commission p, Washington, D.,C. 20555 .. Office of Cencral Counsel IRegulation

. Atomic Safety and Licensing U.S. Nuclear Recttlatory Commission Doard Panel Washington, D. C. 20555 U.S. Nuclear Regulatory Commission , ,

Washington, D. C. 20555 *

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Joseph J. Saundors, Esq. Leslic Henry, Esq.

Steven M. Charno, Esq. ' Fuller, llenry, !!odco & Snyder

. . Antitrust Division '300 Madison Avenue -

Departinent of Juntico Toledo, Ohio 13604 1

, Washington, D. C. 20530 -

Thomas A. Kayuha, Esq.

Helvin G. Ucrcer, Esq. Ohio Edison Company Antitrust Division Department of Justice l?l North Main Strcot

. Akron, Ohio 44308

. Washington, D. C. 20530 ' '

Thomas J. Munsch, Esq.

Reuben Goldberg, Esq.

• General Attorney

, David C. Hjelmfolt, Esq. Duquesne Light Co:apany -

l'/00 Pennsylvania Ave. , N.W. 135 Sixth Avenue 1

Washington, D. C. 20006 Pittsburgh, Pennsylvania 15219 Frank R. Clokey, Esq. David Olds, Esq.

Special Assistant

• Attorney General Reed, Smith,.Shaw & McClay ,

Union Trust Building

' Room 219 Box 2009 -

. Townc House Apartments Pittsburgh, Pennsylvania 15230 l ' Harrisburg, Pennsylvania 17105 John Lansdale, Esq.

Mr. Raymond Kudukin' Cox, Langford & Brown

"' ' Director of Utilities 21 Dupont Circle, N.W.

' City of Cleveland Washington, D. C. 20036 1201 Lakeside Avenue -

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Cleveland, Ohio 44114 .Wallace L. Duncan, Esq.

Jon T. Brown, Esq.

)lerbert R. Whiting, Director Duncan, Brown & Palner Hobert D. Hart, Ecq. ' l'(00 Pennsylvania Ave. , H.U.

Department of Law Washington, D. C. 20006 1201 Lakeside Avenue Cleveland, Ohio 4411'4 Edward A. Matto, Esq.

1 Assistant Attorney General John C. Engle, President Chief, Antitrust Section AMP-0, Inc. 30 East Broad Street, 15th Floor Municipal Building Columbus, Ohio 43215 '

T:0 Hir,h Street Hamilton, Ohio 45.012 R.tchard M. Firestone, Esq. .

. Assistant Attorney General Donald H. Hauser, Esq. .

Antitrust Section Corporate Solicitor ' 30 E. Broad Street, 15th Floor

,The Cleveland E.1,ectric Columbus, Ohio 43215 IlltuainnLinc, Company 55 Public Square-Deborah P. Highsmith, Esq.

Cleveland, Ohio 44101 Assistant Attorney General .

Antitrust Section * '

30 East Broad Street, 15th Floor Columbus, Ohio 43215 Christopher R. Schraff, Esq. {

. . Assistant Attorney General Environmental Law Sectjon l 361 Eant ih'oad Street, 8th 10001' l Columbus, Ohio 43115

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