ML19329C913

Minutes of 751205 Conference Call Re Squire,Sanders & Dempsey Request for Time Extension in Filing Response to City of Cleveland'S Disqualification Motion.Certificate of Svc Encl

ML19329C913
Person / Time
Site:	Davis Besse, Perry
Issue date:	12/08/1975
From:	Reynolds W CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8002200892
Download: ML19329C913 (7)

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Dnenmbsr 8, 1975-UNITED STATES OF AMERICA 9 .

NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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THE TOLEDO EDISON COMPANY and ) -

THE CLEVELAND ELECTRIC ILLUMINATING ) Docket No. j&C46A)))

3 COMPANY )

(Davis-Besse Nuclear Power Station, )

Unit 1) )

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THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL. ) Docket Nos. 50-440A (Perry Nuclear Power Plant, ) 50-441A Units 1 and 2) )

)

THE TOLEDO EDISON COMPANY, ET AL., )

(Davis-Besse Nuclear Power Station, ) Dccket Nos. 50-500A Units 2 and 3) ) 50-501A MINUTES OF CONFERENCE CALL OF DECEMBER 5, 1975 Michael'R. Gallagher, Esquire, on behalf of the law firm.of Squire, Sanders & Dempsey, initiated a conference call'on December 5, 1975 among the Chairman of the Licensing Board, Douglas V. Rigler, counsel for the City of Cleveland, Robert D. Hart, and counsel for the Applicants, Wm. Bradford Reynolds. Chairman Rigler designated the undersigned counsel to act as secretary to record the minutes of the conference call.

Mr. Gallagher advised that the purpose of the call i was to request an extension of one week within which to file his response on behalf of Squire, Sanders & Dempsey to the 8002200872 m

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. City of Cleveland's disqualification motion. He pointed out that the brief in support of the motion was over forty pages and was accompanied by a large number of exhibits; that he had been recently retained in this matter and had been working diligently to review the material filed by

-the City; and that he had another court commitment in Cleve-land on December 8, 1975, which made it impossible for him to prepare and file by this coming Monday responsive papers that properly deal with the matters raised and adequately educate the Board as to the true facts underlying this con-troversy. Mr. Gallagher requested an additional week to December 15, 1975 within which to respond to the disquali-fication motion.

Mr. Hart, counsel for the City of Cleveland,

. stated that the City was " violently opposed" to any extension

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i of time. He observed that the City had been given one work-ing day to prepare its supporting papers, and he felt that I

Mr. Gallagher therefore should be held to the present schedule. '

Mr. Hart also observed that the City had just recently re-ceived new' material relevant to its motion which it intended to file in a reply to the response by Squire, Sanders & Dempsey.

.The Chairman advised that the City should not delay filing any additional papers, but should submit such material promptly i so that bk. Gallagher.could address all matters in his initial l

t response.$/ Chairman Rigler specifically granted the City leave to make its supplemental filing immediately.

The Chairman noted the City's opposition to the request for more time, but indicated he was sympathetic to Mr. Gallagher's request and would therefore grant him the additional week to file his pleadings. Mr. Hart then asked whether Squire, Sanders & Dempsey would agree to " voluntarily dismiss themselves" from the NRC antitrust hearing until the disqualification motion is resolved.

Chairman Rigler responded that he saw no need for such action. He pointed out that the City had filed its disqualification motion on the eve of the hearing, and, while the City may have had a reason for not raising this matter earlier, it was agreed at the last prehearing conference that the antitrust hearing could proceed on schedule pending a resolution of the disqualification issue. The Chairman stated that the Staff had scheduled four witnesses for the first two weeks of the hearing and that those those witnesses could be heard with a lawyer from Squire, Sanders & Dempsey present on behalf of The Cleveland Electric Illuminating Com-pany. The Chairman further noted that Squire, Sanders & Dempsey

• / The Chairman did observe that this possible new sub-mission by the City should not delay the response of Squire, Sanders & Dempsey to the original motion, noting that if the new material was not received in time to be treated in the original response, Mr. Gallagher would have an opportunity to answer it later.

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, had-thus far maintained a low profile in the prehearing conferences, and he indicated to Mr. Gallagher that the firm should be encouraged to continue that policy during the evidentiary hearing until the disqualification motion is resolved.

Finally, Chairman Rigler stated that he antic-ipated setting a date during the holiday recess for a hear-ing on the City's motion.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By: k .t _I  % Oht Wm. Bradford Reynolds

,_ ,q, Counsel for Applicants (

Dated: December 8, 1975.

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e 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 ) Docket No. 50-346A COMPAHY )

(Davis-Besse Nuclear Power Station, )

Unit 1) )

)

THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL. ) Docket Nos. 50-440A (Perry Nuclear Power Plant, ) 50-441A Units 1 and 2) )

)

THE TOLEDO EDISON COMPANY, ET AL., )

(Davis-Besse Nuclear Power Station, ) Docket Nos. 50-500A Units 2 and 3) ) 50-501A CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing

" Minutes of Conference Call Of December 5, 1975" were served upon each of the persons listed on the attached Service List, by hand delivering a copy to those persons in the Washington, D. C. area and by mailing a copy, postage prepaid, to all others, all on this 8th day of December, 1975.

SHAW, PITTMAN, POTTS & TROWBRIDGE

.m m By: .. D ,_ , L- ( _. , \ iC. .- al ,

Wm. Bradford Reynolds CounselforApplicants\

7 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i

Before the Atomic Safety and Licensing Board-In the Matter of )

)

THE TOLEDO EDISON COMPANY and )

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

-COMPANY- )

(Davis-Besse Nuclear Power Station, )

Unit 1) )

)

THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL. ) Docket Nos. 50-440A

_(Perry Nuclear Power Plant,- ) 50-441A Units t.nd 2) )

)

THE TOLEDO EDISON COMPANY, ET AL. )

(Davis-Besse Nuclear Power Station, ) Docket Nos. 50-500A Units 2 and 3) ) 50-501A SERVICE LIST Douglas V.' Rigler, Esq. Mr. Chase R. Stephens Chairman, Atomic Safety and Docketing & Service Section Licensing Board- U.S. Nuclear Regulatory Commission Foley, Lardner, Hollabaugh 1717 H Street, N.W.

and'Jacobs Washington, D.C. 20006 Chanin Building - Suite 206 815 Connecticut Avenue, N.W.

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' Benjamin H. Vogler, Esq.

Washington, D.C. 20006 Roy P. Lessy, Jr., Esq.

Jack R. Goldberg, Esq.

Ivan W. Smith, Esq. Office of the Executive Legal Director Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel- Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20005 Joseph.J. Saunders, Esq. l Steven M. Charno, Esq. 1

-John M.Frysiak, Esq. Melvin G. Berger, Esq.

Atomic Safety and Licensing Anthony G. Aiuvalasit, Esq.

Board Panel Ruth Greenspan Bell, Esq.

U.S. Nuclear Regulatory Commission Janet R. Urban, Esq.

Washington, D.C.-20555 Antitrust Division Department of Justice Atomic Safety.and Licensing Washington, D.C. 20530 Board Panel U.S. Nuclear. Regulatory Commission Washington,_D.C._20555

t Reuben Goldberg, Esq. Russell J. Spetrino, Esq.

David.C. Hjelmfelt, Esq. Thomas A. Kayuha, Esq.

Michael D. Oldak, Esq. Ohio Edison Company Goldberg, Fieldman & Hjelmfelt 47 North Main Street 1700 Pennsylvania Ave., N.W. Akron, Ohio 44308 Washington,-D. C. 20006 Terence H.-Benbow, Esq.

Wallace E. Brand,-Esq. A. Edward Grashof, Esq.

Pearce & Brand Steven A. Berger, Esq.

Suite 1200 Winthrop, Stimson, Putnam & Roberts 1000 Connecticut Ave., N.W. 40 Wall Street Washington, D. C. 20036 New York, New York 10005 Frank R. l Clokey,Esq. Thomas J. Munsch, Esq.

Special Assistant General Attorney Attorney General Duquesne Light Company Room 219 435 Sixth Avenue Towne House Apartments Pittsburgh, PA 15219 Harrisburg,-PA 17105 David Olds, Esq.

Mr. Raymond Kudukis William S. Lerach, Esq.

Director of Public Utilities Reed Smith Shaw & McClay City of Cleveland Union Trust Building 1201 Lakeside Avenue Box 2009 Cleveland, Ohio:44114 Pittsburgh, PA 15230 James B. Davis, Director Lee A. Rau, Esq.

! Robert D. Hart, Esq. Joseph A. Rieser, Jr., Esq.

Department of Law Reed Smith Shaw & McClay 1201 Lakeside Avenue Madison Building - Rm. 404 Cleveland, Ohio 44114 1155 15th Street, N.W.

Washington, D. C. 20005 Donald H. Hauser, Esq.

Victor A. Greenslade, Jr., Esq. Edward A. Matto, Esq.

The Cleveland Electric Richard M. Firestone, Esq.

Illuminating Company Karen H. Adkins, Esq.

55 Public Square Antitrust Section Cleveland,-Ohio 44101 30 E. Broad Screet, 15th Floor Columbus, Ohio 43215

John Lansdale, Esq.

Cox, Langford & Drown Christopher R'. Schraff, Esq.

21_Dupont Circle, N.W. Assistant Attorney General-Washington, D. C. 20036 Environmental Law Section

. 361 E. Broad Street, 8th Floor Leslie Henry, Esq. Columbus, Ohio 43215 Michael M. Briley, Esq.

Roger P. Klee, Esq. James R. Edgerly, Esq.

Fuller, Henry, Hodge & Snyder Secretary and General Counsel P. O. Box 2088 Pennsylvania Power Company Toledo, Ohio 43601 One East Washington Street New Castle, PA 16103

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