ML20083B788
| ML20083B788 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 09/20/1991 |
| From: | Charnoff G SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#391-12226 A, NUDOCS 9109250204 | |
| Download: ML20083B788 (16) | |
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/2 aa 6 reunoc0RRESPONDff4CE UNITED STATES OF AMERICA :r(yHp NUCLEAR REGULATORY COMMISSION g nn , n-g BEFORE THE ATOMIC SAFETY AND L_I, CENSING UOARD In the Matter of )
)
OHIO EDISON COMPANY ) Docket No. 50-440A
)
(Perry Nuclear Power Plant, )
Unit 1) )
OHIO EDISON COMPANY'S INTERI10GATORIES TO THE NUCLEAR REGULATORY COMMISSION STAFF Pursuant to 10 C.F.R. 5 2.720(h)(2)(ii), Ohio Edison Company requests that the Nuclear Regulatory Commission Staff answer sep-arately aad fully in writing, and under oath or affirmation, each of the fc11owing interroga;ories within thirty days.
DEFINITIONS As used herein, (1) The term " Amendment No. 1913" means the legislat. ion proposed on March 29, 1988 by Senator Howard M. Metzenbaum (D.-Ohio), the Chairman of the Subcommittee on Energy Regulation and Conservation of the Senate Committee on Energy and Natural Resources, which legislation provided in its entirety that l The Nuclear Regulatory Commission shall not I
suspend or modify the application of any antitrust provision contained in the Perry operating license No. NPF-58, as such 9109250204 910920 PDR ADOCK 05000440 s[N c .-
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M provision applies to any licensee of the Perry Nuclear Powerplant, Unit 1.
134 Conq1 Rec 2 S 3257 (March 29, 1988) (copy attached as Exhibit A).
(2) The term "Ohic Edison's Application" means Ohio Edison Company's " Application to Amend the Perry Operating License to suspend the Antitrust Conditions Inscfar as They Apply to Ohio Edison Compaay" (Docket No. 50-440A), submitted by Ohio Edisun Company to the Nuclear Regulatory Commission on September 18, 1987.
(3) The term "NRC" means (1) the Nuclear Regulatory Commis-sion as an agency of the United States Government, (ii) all per-sons serving as a Chairman or Commissioner of the Nuclear Regula-tory Commission at any time from September 18, 1987 until the present, (iii) all persons currently employed by the Nuclear Reg-1 ulatory Commission, and (iv) all persons who were cmployed by the
uclear Regulatory Commission during the relevant time periods.
(4) The term " document" includes the original and every non-identical copy (wherever different from the original because of notes made on such copy or otherwise) of all notes, minutes of meetings, letters, telegrams, memoranda, reports, transcriptc of telephone conversations, and all other documents or material of any nature whatsoever, together with any drafts thereof, attach-ments thereto or enclosures therewith, and all other photographic l and retrievable data (whether encarded, taped, videotaped, or j coded electostatically, elect oma9'etically, or otherwise).
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(5) The term " communication" includes (i) all documents (as defined above) and (ii) all oral statements, c omme r.t s , questions, conversations, colloquies, discussions, announcements, lectures, and other oral communications of any nature whatsoever (whether conducted in person, by telephone, or otherwise).
(6) The term " person" means (1) any individual, corpora-tion, partnership, firm, association, trust, public or private institution, group, any State or any political subdivision thereof, any political entity within a State, any department or l agency of the United States Government (including the United States Senate, House of Representatives, or any subdivision, com-mittee, or subcommittee thereof) and any other legal or business entity, and (ii) any legal successor, representative, agent, or 1
agency of the foregoing, t
(7) When used in reference to a detus<.c- or written commu-nication, the word " identify" means to si 4r te the nature and title of the document or written communicer.~an, (iii identify the
, author or preparer of the document or written communication, 1
(iii) identify all persons who received, read, saw, reviewed, or commented on the document or written communication, (iv) state the date or dates of the preparation of the document or written communication, (v) state the substance of the contents of the document or written communication, and (vi) state the present location and custodian of the document or written communication, d
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together with a statement of its disposition if it is not in the I
custody and control of the NRC.
(8) When used in reference to an oral communication, the word " identify" means to (1) state the time, date, location or locations, duration, method, and circumstances of the communica-tion, (ii) identify all persons involved with the communication, (iii) fully describe the substance of the communication, includ-ing who communicated what to whom, (iv) state the purpose of the communication, and (v) identify all documents referring or relat-ing to the communication.
(9) When used in reference to an individual person, the word " identify" means to state his or her full name, professional affi1.iation, full job title (including the specific division or department in which he or she is employed), and his or her last known business address and telephone number.
(10) The term "or" means "and/or".
(11) The term "between" means "between or among".
(12) The singular includes the nlural and the plural includes the singular.
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!NSTRUCTIONS (1) If any information requested is not furnished because of a claim of privilege or attorney work product, state with par-ticularity the nature of and the complete factual basis for such claim.
(2) If any interrogatory request is claimed to ha otherwise l objectionable, state with particularity the nature of and com-plete factual basis for the objection.
(3) These interrogatories are deemed to be continuing and, accordingly, must be supplemented to the extent required under 10 C.F.R. S 2.740(e).
INTERROGATORIES (1) During the March 29, 1988 colloquy on the Senate floor following Senator Metzenbaum's proposal of Amendment No. 1913, Senator J. Bennett Jconston (D.-La.), the Chairman of the Senate
-Committee on Energy and Natural Resources, indicated that the NRC Staff had stated to his staff that they did not intend to approve Ohio Edison's Application:
Sen. Johnston: . . . . Frankly, we have spoken to the NRC, and they say the result is OK.
Sen. Johnston . . . . [T]he NRC has indicated that they have no intention of approving this application. . . . .
~
4 Sen Metzenbaum: . . . . The Senator just indicated that the NRC has stated to him that they do not i ntend to approve the '
application.
Sen. Johnston: Not to me, but to staff.
Sen. Metzenbaum: To staff. That is even better . . . .
Identify all communications between the NRC Stoff and Senator Johnston's staff to which the above statements may refer.
(2) As to any NRC staff members identified in response to Interrogatory (1), identify any subsequent communications these individuals had that related to their. communication (s) with Sena-tor Johnston's staff.
(3) Describe any and all internal NRC investigations i nto the bases for~ Senator Johnston's agreement with Senator Metzenbaum that the NRC Staff had stated to his staff that they "
j do not intend to approve (Ohio Edison's) application." 134 Conqt Rec. at.S 3258-(statement of Sen. Metzenbaum).
(4) identify all documents relating to any investigations described in Interrogatory (3).
(5) Identify all NRC employees who were aware, before its consideration on the Senate floor, of Senator Metzenbaum's pro-
. posed legislation to make it unlawful for the NRC to grant Ohio Edison's Application or more generally of proposed congressional 5
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action to prevent or otherwise influence the NRC's consideration of Ohio Edison's Application.
(6) Durlag the colloquy on the Senate floor following Sena- l tor Metzenbaum's proposal of Amendment No. 1913, and in response I to Senator Johnston's assurances that his staff had been told that the NRC Staff would deny Ohio Edison's Application, Senator l Metzenbaum indicated that he would be contacting the NRC Staff in 1
( the future i Sen. Metzenbaum: . . . . I perhaps may be in a position to obtain some confirmation from the NRC as to how they intend to dispose of the pending matter . . . . (L]et me see if we cannot get some confirmation from the NRC.
The Senator just indicated that the NRC has stated to him that they do not intend to approve the application.
Sen. Johnston: Not to me, but to staff.
Sen. Metzenbaum: To staff. That is even better, and that being the case, perhaps I can get them to confirm it to a Senator as well, that being me, and under those circum-stances I wonder if we cannot work it out Sen. Metzenbaum: I have a hunch- tho-somehov they (the NRC Staff) are monitor. .
what is going on on the floor here since tc is not a private meeting and certainly the Congressional Record will speak to the debate, and I am saying here and now that if we can get confirmation, whether it is a final decision or not, that they do not intend to approve (Ohio Edison's) applica-tion, 7 will join with the managers of the bill in urging that-it (i.et, Amendment No.
1913] be deleted in conference.
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l Identify all communications between the NRC Staff and Senator Metzenbaum or his staff to which the above statements may refer.
(7) Describe any and all internal NRC investigations into communications between NRC Staff and members of Congress or con- ,
gressional staff members regarding whether any NRC Staff member !
intended to deny Ohio Edison's Application.
(8) Identify all documents relating to any investigations described in Interrogatory (7).
(9) At the conclusion of the March 29, 1988 colloquy on the Senate floor following Senator Metzenbaum's proposal of Amendment No.1913, Senator Metzenbaum wit hdrew the amendment with the understanding that he could offer it again at a later date:
Sen. Ford . . . . If the official result is not as the Senator from Ohio wants under this amendment, he can come back at some later date and say to his people (,)
"This is what I am going to do if the NRC does not rule as we want them to under this particular amendment." . . . .
But I think we have an opportunity here to not do this (i.e., to not approve Amend-ment No. 1913] subject to NRC's making the kind of_ judgment with the pressures being applied by the distinguished Senator from Ohio. That pressure is out there. It can be done. If NRC does not do it, then he has a right to come back and say, "7 hey did not protect my people and I want to do something about it."
Sen. Metzenbaum: . . . . I am cer-tainly pleased to be accommodating. . . . .
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I will withdraw the amendment with the urider-standing that I will be protected to offer the amendment at a later point. ;
Identify all NRC employees who were aware, prior to the NRC's j May 1, 1991 denial of Ohio Edison's Application (see 56 Fed. Req. !
20057), of the possibility of further proposed legislation to f
make it unlawful for the NRC to grant Ohio Edison's Application.
(10) Identify all NRC employees who were aware, prior to the NRC's May 1, 1991 denial of Ohio Edison's appilcation (see 56 Fed, Beo, 20057), of Senator Ford's statement regarding "NRC's making the kind of judgment with the pressures being applied by the distingu!shed Senator from Ohio." 134 Cona Rec, at S 3258.
(11) Identify all communications between any NRC employee and any member of Congress, or any congressional staff member, relating specifically to Amendment No. 1913, or more generally to the subject of proposed congressional action to prevent or other-wise influence the NRC's consideration of Ohio Edison's Application.
(12) Identify _all communications between any NRC employee ,
and any member of Congress, or any congressional staff member,
-relating to Ohio Edisor's Application.
4 (13) Identify all NRC employees who reviewed or commented on Ohio Edison's Application.
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e (14) Identify all intra-NRC communications relating specifi-cally to Amendment No. 1913, or more generally to the subject of proposed congressional action to prevent or otherwise intluence
-i.ie NRC's consideration of Ohio Edison's Application.
Dated: September 20, 1991 Respectfully submitted, SHAW, PITTMAN, POTTS & TROWDRIDGE llC$[Yl, (Of[ %
Gefra'id Charrioff/
Deborad B. Charnoff Margaret S. Spencer 2300 N Street, N.W.
Washington, D.C. 20037 (202) 663-8000 l
i L
.%rth.'S.13## CONGRESSIONAL RECORD - SEN.4TE t.eas for the Corpoestion The amend. gg
- The PRE 31DINO OITICER. !!
ment also establuhes a fund sithei there is no further debate. the Ques. streed in orter to ottaa th"' 00"11 inn ticer.se the Corporstlor; into t h!ch D&D Lion is on agreems to the Amendment. Ty ese condittoru hane er costs, recosered in the Corporation s prters and charges, tre to be deposited. agreed The amendment to. I No. 19131 s as corr.>etition m the sa:e of el At th',a po!nt, there is a treat deal of .
Mr. METZEND AtJM. Mr. President, fo . irs Ohio Edtson trut th uncerta.inty conceming the ultimate I move to recor. sider the vote by s hich utilities s hich can Perry to a cost.: of D&D. the ILrnendment s u arteed to. low in order to retain municipal Applicable environmental standards systems u cuMomers Mr. McCI.tJRE. I move to tay that ue not entirely clett. motion on the table, Ohio Edison. howeier, hu acclied t The timing of D&D la not certain. The motion to lay on the table su the Nuclear Regulatory C
'te projected cost of particular de. agreed to. to be telleied of thes* antitru t CIn[I-contuninstton and decommuLaloning Mr. METZENBAUM Mr. President, actioru esa te projected, but net with ! Listna the retnagers of the bill- g,on,'
gf it mere suceruful the other P preetsion. I ut unan.mous consent that the os ineri sound presumabiy follos suit-c1' "
Purthermore, the procets of recover, pendAng Amendment be temporanir a Tole ins D&D costs ts not discrete. In the lod aside, in order that the Senator o Ed E ectric Illummat:rs future the Ertnchment Corporation from Ohio may offer tn amendment ggi,q That s t hy the c'ity of Cleseland hu will be making capitsJ investment in s hich t understand stil be ucepted.
new plants. At the approprtste time. The PRESIDING O TTICDt. Is Edlaon application pending before the trse D&D eceu associated with these there objection? The Chair heus IyRC. Cleveland s munictral peser plants will have to be cortsidered along none, trid it is ao ordered. system is all too asare of the poten.
s1th the D&D costs of property tru. auequen no tets tially disastrous results shich soulj tially transf erred to the Corporation.
In short, the process of funding the IPurpose' To pronibit the suspenstori or E1 n 8 reg es
- modificsLion of the spDinestion of anti.
D&D coats of the Corpcration s prop. trust prov sions spotiescie to snr license, Such a decision by the NRC sound etty will necessartly t>e an iterathe ol th' P"ry Nutiett Pos troisat. OHi essentially hols all ratecan ers m 3
on*. The estimate of D&D costs that Mr. METEDfD At7M. Mt. President, northern Ohio captive to the rising the Corporation sects to recover will I send an unenarnent to the dest and rates of a few uttlities that own the have to be periodles.ily recalculated u uk for its trru.sediate coraideratloa. Perry nucles.r plant. s hich has now provided in the amendment. At any The PRESIDING OFr!CER. The Wmed wt to be nry upmin.
given polnf. the estimated unfunded trnendment m111 be stated. The costs of building and operatirg cost of D&D wtll const'tute a D.*ospec. The bill clert raad u fo!!ows, the Perry nuclett poserpitnt have tive cost of doing business to be recoe. The Senator from Ohio tMr. Mers. rtsen far beyond anythins its "sters ered M m customers-including the 8"savul proposes an amenament numtwred ever antletpated. Nuclear power has Depe t%ent of Energy -in prices. 1913, not tumed out to be the low cost sJter.
!!e.ertheless, certain rules st! Mr. MPI7.END AUM. Mr. President, nattee that they thought it sould be, apply. Section 1508 of S. 209'i provides I ut unanimous consent that reading Now those ov'ners want to escape in effect that prices to c snmercisJ cut. of the Amendment be dispen. sed with. the cor3*quences of an unfortunate tomers shall be set at market levels, The PRESIDING O!TICER. With. bustness dectston-a bad imestment.
- tth the goal of recovering costs. out objection. it ts so ordered. They want to transfer their burden shereas prices to the Department og The amendment la as folloss: from the shareholderi to the ratepsy.
Energy ahtll be set strictly on the At the sportnnste pitee. Insert the tal. Ms. by sHtmg out kom undu me buts of cost recovery. This distin'tlori los'tne new section, ortgtnal terms of their 11cerne.
Ls preserved with respect to the recov. see. C Prtse Nocts.as Powtan.urt Ajrn. It is Culte simply Unf air to deny mu.
ery of D&D costs in the Corporation a mn Pamemn4he Nuclest nuuta. nicipal pown syunns me option of prices tory Comnmaton shall not susoend or supplying low cost, attemathe puser In aildition. the amendment provides cfn Nne'ty to their customers. And the fact is, in eP[n that, sith respect to property uaed in eense No. NP064. La suen prmsion sponies they do provide cheaper poser, the production of low utay separttive to 647 Ikutsee of the Perry N9 clear Poser. On average. Ohio a munictptl power work, that Corporation may only recoe, plant. Unst 1. systems provide poser shich is sub.
er D&D costs from comrnercial cus- Mr. METZENBAUM. Mr. President, s u ttu kanup m n m N se tomers trad the Deps.rtment in propor. I am offering an amenirnent shnch 'ay investor owned uttlties.
Lion to the amount of septrative work prohlb!ts the Nuclear fleculatory For example, public poser custom-that hu been produced for either Cornmtmaton from lifting the antitrust ers in Cleveland pay approntmately 20 diaring the life of the p.operty. In the conditions imposed on the utilit.es percent less inan utilaty customers-cue of property used solely in the pro. which ut licensed to operate the those sened by CE!.
duetton of high easay separttive wort Perry Nuclear Poserplant m Ohio. And that gap ntil only grow u more D&D costs would ortly be recovered This amendment will protect the of Perry s costs are incorporated into from the Department This allocation electricity consumers in northern rates.
usigns cost responsibility hetsen the Ohio from unf air rate increpes Jue to In (Let, on a states!de buts in Ohio.
two custurner classes according to his. the Perry nuclear poserplant. muntelpal pour systerra uit power tortct1 benellts received-meuured in Under the current terms of the that is 20 to 30 percem cheaper than terms of work performed. Perry nuclear plant Ltcerue the uttin, poser sold by imestor.os ned uttllties Pint!!y. the amendruent provides for ties which omn Perry are required to Ts enty.one cities !oested in Oh4o the Corporstion to enter tnto contrset carry power for munictpal poter sys. Edtson s senice territory could f ace for the performance of actuei decorn, tems (Munts! located sithm their h:ther rates if the Ohio Edison re.
mtutonmg and deconts.minatan and service terr!Lnries, cuest 6s approsed. tr.cluding Amnerst, for tht Corporation to pay the D&D This o.tlo1rs these local poser supply Beach City. Brewster. Columbinna.
costs for such property out of the fund systems to shop tround for the cheap. Custar. Cuyahogs Fath Galion. Graf-created for such purpose. Af ter decon. est avulsble pou er, providing compett, ton Huboard. Hudson. Lodt. Lucu,
' tarntnation and decotnrnissioning ta tion to the otters of the Perry plant, Milan. Monroesville, Neston Fans.
performed the Corporation conveys thus helping to keep rstes loser. Niles. Oberlin Prospect. Sesille. South the property to the Secretary. This requirement to carry poter sts Vienna. Wa:.ss orth, and Wellmston.
Mr. President. I think thw 18 an lm. one of seversi an*1 trust conditions tra. Irt sum. I bellese that the outera of provement it.
of the bill, and se support posed on Perry's osters in 19'!6. It wu Perry must be held to the crismst put of the dest which Perry's owners terms of their !!cerne, and snoulo not EXHIBIT A (Page 1 cJ 3)
i S 3258 CONGRESSIONAL RECORD- SENATE y e jy g be allowed 14 forte rtle payerg to l'iryt. I th not Carit tr!? h'rtpucgq1on
. shoulder the costs of their austaaet, thu ! apprtree the retutt. twenuse I tra thing cow atas 31 related to gprettng [{ g" Mr. Preside.ot It ta my understand. ret at all Mrtain that thte Senator ap. tre sa)tt:t to N!(C ge not thu this ameridment u 6corputte protes the result. This desis with some goteg to atanden or reduca shee to the ausnagers of the bt11 questions that really ought to be litt- or thatet er, arid it is a problein ! su.n Mr. JOHRSTOff. Mr. Proddent we rated between str16es, some of wheto would not have to be c ade on 1 yield to my friend at.d ca.u n t.has em; are withng, we aume reeerea.tJrma to have scrept th.s amens"t It is one of before the NRC to htye their rights alrekey made an a pplication guished chairmati and uk shu ne thtae Lawssarnents wtut.re the result la protected in the NRC. We tre short. prefers in this gatucy!ar taae because stnad but the precettent le tapt partku, circutting that process. tri which the he nu a lot of settht sith tu.s resten.
tasly scmA people would hate the ceporttinity. In sibihty and t! tus dec.swn .: tg. prove it' M r. President. this ttnendment tri cpert forum. to present t heir views. tLen fme.
wound probatet NRC frtim rumpending present their case. ud wet a revolu. But I think we hate nn cDDorturaty or enodifying antatrust proeuoans con. tion of it. Whts we afe dMr4 instesd here to not do this subject to NRC a ht 10 the operating taarnet for the of 611owing that prteesa to de done in mttmg the kmd of Judrment sit.h the Perry Nuclear plant. The knutrust the open proceues before the NRC. ts preuvres tems scplied by the datan.
stettadtna requdre investor entumf 11- to etcp in by legulauon and mandate gutshed Senator from Otuo. That crew
" f** "AI rute la out there. It cart be done, it censees to wheel for murucesJ electric LA[' ,gg systerna.
NRC does not do it then be hu a One of the Perry thwraees. O*no what NRC would uittms.tely decsde to right to come back and say. -They did T4hoon C0.. has peuuooco NRC to da tmJt af the parties WDuld have had not protect my people and I sant to wa.tve the wheeling remauatemtw as to t say h u1d .a do scrurthtna about it."
L4waf. 'Ihe company is curteolly p , y ,, Now, the procedure la goles to te vidjng thee:trir to ita asuturnsi&A cua. usue, t. hey would have had thalt op. ehminatNI. and I am torned shout t=*rs. Ohio IAsen teme.rta that the porturuty to detaata the laauet. They the procedure to the future.
NRC's knutrust concestis wete hamed sould have had sa opportur.ity to The PRESIDINO OITICER. The on the tasumouxt that nocJeas ower have a reasoned treolutloo of the Scrator from 14ulcana.
t ould be too cheap to smeter. 6 pre. tamuas by the tribtmal which we have Mr. JOFIN!rTON, Mg, prg3[ dent, {
sumption thu bas not proven taw eauMishM by Law k bandle um thtnk there fa a real destre to arcota.
Ohio Edison and the 6Jfecaed mu. kinds of taeues. There uw stume bsues modale the Senator trom Obto on this alcApaAlues sie currenUF in eeWereent involved here. committee. He is a good frfend, and ha carotla11rma concerruns tae esac, So. to say that t! we acupt the ns a valued snembts of the cornauttee Thfa la an ongo.na con.esAed, adju& smendtnant oftered by the dist2n. Btrt two of tny colleagues Ocw have catory proceeding before a regulator 7 guated Senatoe from Ohio, we can rpoten rather strootty on thla. and agency. Concret) occasionally directa seJ1 say this ta a pracederu-! wound the NRC has indicated that they tme the result of angency datarminataan Ln certajnly 31.sh to say that, but for the no intentJon of a.pproeing uus s& plica.
noncontested matters. Only tarvty Senator trota Idtbo it he not a prwe. uon.
dont it lecaltta the decJalon tu a ecn. dent. As a matter of f6et. I do riot lige With this record having been made testal este. Generslly, tNa would only the result, et && ttaat Pun not nure g and with our strong intraUon staled Las the teault I cena.truy do not late to help the Senator Juat in case the occur u the result of a pcLacy truum- the proceas of trying to me.ndate a Letton of NTtC ts not successful. I tive that has had the full bene:lta 08 result before the parues tme had wonder tf the 3eoater sould cotud.et bcartnsa Here t1th ud this committee arnendmsnt., conuderation.
we court.their opporturuty and thett day in sithholding the amendtraent on uus
- <ould be grat'Jtuously interfertng ntth bill with the understanding that L2.e 1 thins. It la bad for us to do that. cotntnJttee will help him later on in asency adjud1catJon. This la a mattar and I un enoet than a litue bit can. case the NItC does not.
cortunttted to the NRC. Without et. certwd about the form of the hnal ree. Mr. MITENDAUM. Mtcht I enale presatng any opinun of the controversy. Why asdan't to the wetuerna let, olutkm. bactuae I thnk there sie a countersuggestion to my frieM suo nor%e spnamuans with respect to wheth. is a churtnan of the comnuude and the NRC decide as they are suppose to er er not this to the prvoer remotutton. the rtnting mernber? I tould LAe to dot The F1ttSIDING OFFICER (Mt. ut whether he sould be s% ting to PtsJikly, NTtC. and wetheyhave spoken say the resulttotathe Cit.DAmentsh tortry. Ths Senator from Ken. accept the asnendment betaeen now where the teenit 14 OK sad where the and the ttrne the matter gets to the Mr. FORD. Wr Pit:tdent. I state on conference committee, and I wul Senator arxf the NRC from does Ohio not wanta object. thatIresult, do not the Racces that ttus Senator wul not assurne there wiu be a conferencs con.
think we should let the precedent af coens6 der thle as a prwedent in m&L!ng mittee, that I perhaps tr.ay be in a po.
this matter interfere. This should not teattee his dettalon tn the as it relatee to thts rueject sition to obtatn scr:e cortfirrnauon future, te a prwedent in further esses. "ITtere. from the NRC u to how t. hey antand fore, we wut not object. I haev eery, very nrtous reservatJons to dupose of the pendar. matter, had sbout the procedure here. I agree with tf I sin concerned, and I un frsnt to Mr. McCLURE Mr. Prealdent. l fted my dist1nsulshed friend. The distin. ray to the Ser.stor i sa co.1cerned, myseti in kind of an owtrward pourtton gutshed Senator troen 1.mristua said stout highly escalating rates in the here. beescoe, frankly. I do net !!te se tre concerned about the prveede.nt, northern Ohio sector. I a.m concerned the unrodownt. I ast not certain that It sould be my judgment that this further that there 66: a corntnatment I dislike it enowth to take the time of unendrnent could be laid out there, made ortgtnally by the poserplaat, the Sene.te and cause the difficuttles !! the official result la not as the and I trn suggestics that he take the (Aa1 would coene tf we centested the Setator from Ohio wants under this Ernendmer t and let toe see af se amendmenu We would hace to go unerwirnent. t!*cn he ein come bset at cannot get sorte confirmauon frorn thtough the effort of ecreasting the sorne later date and say to his people the NRC.
Lar.snctnent and taking the time V do '*This is what I un totng to do if the The Senator just todacated t. hat the so. Iktt I un troeWed not just wRh the NRC does not rule as we want t.bero to NRC hu stated to rum that they da pecordent, urder this partleular amendment.* not intend to approse the appbcauc.n.
I have been to64 thes it is traite That meukt be ene tutteetion ! Mr. JOHNSTON, Not to rue. Out to Litair that Lhta emmentness away ac. might hate. but sae ut setttng tnto an staff.
comaDah what MRC pmsangty soitto tres here that we hace arrued a long Mr. MITZENEAtJM. To staff, That herv osaw ta the assommes of the t!me trat ihe dtsttnguished 5e rator is eten t>etter. and tbat bema Lne case, asunendment. But t met eencerned from Idaho a.nd I spent steepless perhaps I can get them to confirm it samt two trdava. nights htte trying to wort out some. to a Senator as well, that *, ems me.
EXHIBIT A (Page 2 0: 3)
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March J), /Jii CONGREs5!ONAL RECORD ~ 5 ENATE gg and under those circumstances I sometime tomorrow to perhaps ruri a i
monder if se cannot sort it out. c het a. tonight and touad stut drutt on the l
- If the Eenator sail tecept it and see M t. METZENBAUM That is all Drsaley j if I can set that confirmation, r:ght. Mr. EVANS. Entra amendment Mr. President, t ,
tomohb l Mr. JOHNSTON. Mr. President, I Under those etteumsttnees. I un cer. Domenici unendment been laid oorn, Mr. McCLCR E. Ame r:dment No~
am adstaed that this has the status of tatruy pleased to be accorntnodating. 1465 hu been laid dosn.
a strong rumor and not ut actugj The Senator ts tryttig to a.ccornmodate M r. EVANS. The Senator statement. me. I wiu withdraw the uneriament l' om Mt. McCLURE Mr. President,if the sith the understanding that I mill be Idaho sould like to maae a briel Senator alli yteld. I gueu the major protected to offe* the unendment at a speech on the opening of that.
resers ation I sould have s1th this sug, later point. We can lay down the ument w antion the Senator from Ohio hu Mr. McCLURE. I think the Senator- njght if you ntstt We sete gotrg to sut unut somt of the debate nad oc.
made pendtr.:
action is that ofintenttrnes shen par.
the Congress. there aenator.
, Mr. METZENEAUM. I thank the curred on behalf of the Domentet ticularly if it ta passed in a comrnatte, Mr. President. I s1thdraw the amendment or unendment 1455. but it or m one body of the Congress. an td. amendment. does not 'ntae very much difference u ministrstne agency sill suspend any The PRESIDING OF'F*1CER. The f ar layas se tre concerned u to snen se it down.
further pro etthr ss alth respect to amendtnent ta sithdrawn.
the application.s that are before it. I do wrwtwixt n un Mr. JOlGBTON. If the Senator not thitik that ta shat the Senator Mr. JOHNSTON. Mr. President, the sould yield. I thttta that. frtnaly, aJ1 from Ohio is suggestirig eitber. pending amendment, shich is amend. of the debate could occur on the artd.
Mr. MET 7.fND AUM. No. Just the ment 1465, puta tua into the bul that ley,thans amendment tomorrow and opposite. I un st rgenting that they portion dealtris with chstges for the Mr mose forsard with etspatert. use of foreign uranium shich s ete there tre 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> yg,lo,. McCLURE. Orovided Will the S*n on that'ator Mr. McCLURE. I am not certain taken out of the but in order to satisfy how m e best get that sc00mplished be, th jur or objections of the y't. Mr. JOliN8 TON. Yes.
cause if se passed an amendment ther , - Mf. McCLURE I am trying to sacer.
may very sell stop proceedtrigs rather What it does is it creates a schedule taAn now whether the Senator from than specolns up. of charges for the use of foreign urs.ru. New Mexico also wants to maae a
" h' statement on it tonight Mr.sornehow that ML'I'2INBAUM. they areI have a hunch moruto ng hm p inuon ut for the use of ttle for Mr. EVANS. That wobd be perfectly shat is gotrig on on the Door here Ngn urulum. Chugu ut incur til right.
smce it la not a prisate meeting since for the use of foreign uranium in Would the Senator from Loutalana it ta a matter concerning them and cer- excus of 31% percent. In other words. Itke us to lay down our amendment at tunty the Concktsstopat Rtcou stil the first 37% percent of enttrbed urs. this time or wult?
speak to the debate. and I am sartng niurn may be used in retetors s1tnout Mr. JOID38 TON. Perhaps 11 we here c.nd now that tf se can get confit. a charge, and above the 11% percent could ut that you lay it down at the mation, whether it is a final decision there ta a sliding fea depending upon end of bich debate u we would have or not, that they do not intend to ap* the percentage of foreign uratuura to tordsht. So we could start Afresh on it probe the application. I will join sith be used. tomorrow.
the managers of the billin urging that Most of the existing contracts for M r. EVANS. Assumirs that the it be deletec in corderence. the use of forelgu uranlurn ue grand, debate s.nd action woujd not be exten.
Mr. JOHNSTON. Mr. President. I fMhered and the 31%* percent exemp. AlVC think I probably mlupote mysel.t es.t. tion is ve.11d until 1994 and 11 ts 50 pet. Mr. JOIINSTON. Of course, there is tier by stattng u a itet that we had cent theretiter. The charges erotte in a time agreetnent artyvay, 2001. It creates rules for what we esfj Mr. BRADLEY. Will the Senator such cortfirmation from the NRC.
Staff addses me that it is more in nag. swapping between different tota yleid?
of uttalum and that is where uratuum Mr. JOHNSTON. Yes.
the nature of a judgment and rumors la forelan owned but may not physicaj. Mr. BRADLEY. So it would be your father than con!!rmation because ly move. So it is a complicated Jyttem intention to discuss the DomerucJ mdeed in a pending case they simply that to dealt with under that we cajj trnendment that is now pending, time wtti not tet! you that they are going flag twapping, sould expire on that, and the amend.
to do.
It deletta section 161v of the ment of the Senator from Ws.thington They ha ve not told my staff. my Atomic Energy Act which limits en. and the Senator from New Jersey staff has ' tow Edynaed me, and they richment or foreign urtnlum. That is sould be tald down and debate on that sould not teh even us. We es.n pretty the provision I referred to earlier that s ould occur tomorrosi sell figWe out what they ue going to requirre that we matntain a vtable do. Mr. JOHNSTON. Yes, that wculd be do I wculd noi s ant to make the witha mestic uranium mintrig industry. And our destre, drawal of the amendment depend.at that provtston. af course. 161e ts Mr. BRADLEY. That is fine.
on setting the NRC to say what they presently in titigation. Mr. EV ANS. That ts fine.
are soms to do in a pending cue be. So, Mr. President. I think that ade. Mr. JOHNSTON. We have sent for ca.tse they wiu not tell us. quately explains the arnendment. the maiority leader. If he blesses our Mr. ML'I7.ENBAUM. Does the man. Mr. President. for the benefit of agreernent se can tell Senators there ager of the bill hr 7e any iden u to Senators. I think the following ts a stil be no turther votes torucht.
S nen the NRC s1ll be acting? plan that the Senator from Ids.ho, Mr. Mr. McCLURE. But he has not yet Mr. JOHNSTON. The staff does not McCLtras, and I would like to follow, done 50.
know. Senator McCLtnts would like to mate Mr. JOHNSTON. That is right; he Mr. MI'T2ENHAUM In a matter of a brief speecn. maybe 10 minutes, on has not yet done so.
this kind would it be within a week, a the pending amendrnent. Then we 1 yteld the noor.
month. or a year? would !!ke to put the matter over untti Mr. JOffN3 TON. I do not know.
M r. McCLURE. Mr. President. 1 tomorrow, subject. of course. to the s ant to spett very brterly with respect Mr. McCLURE. I wonder Lf the Sen. majority leader's concurTence. and to the pendir.J tmendment and recos.
ator from Ohio could accommodate us perhaps in the meantime lay down the ruze that this is only the operans salvo to this extent sad that would be to Bradley. Evans amendment which has in :ho longer debate which stil occur sithdttw the amendment with the a 3. hour time agreernent and sts.rt t hen the EystwBradley amendmeet right to offer it again befort se con. that in the morning about P 30. is off ered.
etude ther considerstion of this btil on 11 we could do that, that would mean We have in this Nation a ursnlum the Door, ead that will gM us until we would have not votes on this btil tadustry th&t is down for the final I
EXHIBIT A (Page 3 of 3) l
RELATED CORRESPONDENCE l .
I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC _SAFJTY AND LICENSING BOARD In the Matter of )
)
OHIO EDISON CCFi'ANY ) Docket No. 50-440A
)
(Perry Nuclear -er Plant,
)
Unit 1) )
C_LRTIFICATE OF SERVICE I HEREBY CERTIFY that on this 20th day of September, 19 a copy of the foregoing Ohio Edison Company's Interrogatories to the Nuclear Regulatory Commission Staff was hand-delivered to:
Secretary of the Commission U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, Maryland Charles Bechhoefer Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission 4350 East West Highway Room E-413 Bethesda, Maryland G. Paul Bo11werk, III Atomic Safety and Licensing board Panel U.S. Nuclear Regulatory Commission 4350 East West Highway Room E-522 Bethesda, Maryland i
l l
d that a copy of the foregoing Interrogatories to the Nuclear Regu-latory Commission Staff was dispatched via Federal Express to:
Marshall E. Miller, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission 1920 South Creek Boulevard Spruce Creek Fly-In Daytona Beach, Florida 32124 and that a copy of foregoing Interrogatories to the Nuclear Regu-latory Cemmission Staff was mailed first class, postage prepaid, to each of the following:
Joseph Rutberg, Esq.
Sherwin E. Turk, Esq.
Steven R. Hom, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mark C. Schechter, Esq.,
Janet Urban, Esq.
Transportation, Energy and Agriculture Section Antitrust Division Department of Justice Judiciary Center Building 555 Fourth Street, N.W.
Washington, D.C. 20001 7ames P. Murphy, Esq.
Squire, Sanders & Dempsey 1201 Pennsylvania Avenue, N.W.
P.O. Box 407 Washington, D.C. 20044 Craig S. Miller, Esq.,
Director of Law June W. Weiner, Esq.,
Chief Assistant Director of Law William H. Ondrey Gruber, Esq.,
Assistant Director of Law City Hall, Room 106 601 Lakeside Avenue Cleveland, Ohio 44115 1
Reuben Goldberg, Esq.
Channing D. Strother, Jr., Esq.
Goldberg, Fieldman & Letha.n, P.C.
1100 Fifteenth Street, N.W.
Washington, D.C. 20005 D. Biard MacGuineas, Esq.
Volpe, Boskey and Lyons 918 Sixteenth Street, N.W.
Washington, D.C. 20006 David R. Straus, Esq.
Spiegel & McDiarmid 1350 New York Avenue, N.W.
Suite 1100 Washington, D.C. 20005-4798 Kenneth L. Hegemann, P.E.
President American Municipal Power-Ohic. Inc.
601 Dempsey Road P.O. Box 549 Westerville, Ohio 43081 Philip N. Overholt Office of Nuclear Plant Performance Office of Nuclear Energy U.S. Department of Energy, NE-44 Washington, D.C. 20585 OL{$'ll (IE$6L-Margarkt S. fjpencer SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.
Washington, D.C. 20037 (202) 663-8000 St223mes5458.91 l
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