ML20094C963

Reiterates 840702 Request for Notes,Memoranda or Transcripts of Meetings Between NRC & Util as Referenced in Palladino 840626 Memo

ML20094C963
Person / Time
Site:	Farley
Issue date:	08/06/1984
From:	Boskey B, Macguineas D ALABAMA ELECTRIC COOPERATIVE, INC., VOLPE, BOSKEY & LYONS
To:	Bernthal F NRC COMMISSION (OCM)
References
A, NUDOCS 8408080202
Download: ML20094C963 (2)

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VOLPE, BOSKEY AND LYO N S WomLD CCNTER SylLDING 918 16 ? s t R C C f. N W,

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o. BIARo M ACQUINEAs August 6, 1984 4 EO -6 P4 M3

[VAF.SHERMAN PATRICIA A. M AYea Offc 00cxE n Mr. Frederick M. Bernthal Commissioner '

U.S. Nuclear Regulatory UU.

J: m 3 Commission Washington, D.C. 20555 PL C D. 8 U TR. T.'h' ' 'Q' ' ' "'-[M Dear Mr. Bernthal We are in receipt of Herzel H. E. Plaine's letter of July 26, 1984 (copy attached), responding to our request dated July 2, 1984, (copy also attached) for any notes or memoranda or transcripts which have been made, or are being made, of any of the meetings between yourself and representatives of Alabama Power Company near the end of June, 1984, as referred to in Chairman Palladino's Memorandum For the Files dated June 26, 1984, and docketed June 28, 1984, in Docket Nos.

50-348A and 50-364A (Alabama Power Company: Antitrust).

Mr. Plaine in his letter suggests that "it may be best" if we make direct request to you for such notes, etc., of the meeting or meetings referred to in the Chairman's memo-randum. While we were under the impression that the copy of our July 2, 1984, letter which was sont to you was.suffi-cient to constitute a request to you for such notes, etc.,

now, in view of what Mr. Plaine's letter states, we are sepa-rately requesting from you the same matters originally requested in our July 2, 1984, letter with respect to any meetings.

Without regard to whether the el parte meetings did or did not comply with the letter and spirit of the NRC regula-tions, it still appears to us that elemental considerations of fairness call for such information to be furnished to AEC.

As we have previously stated in a recent filing with the Com-mission (July 18, 1984, p. 5), the fact that Alabama Power dSa3 8400000202 840006 PDR ADOCK 05000348 0 PDR

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l voLPE, sozu;Y' AND LYCNO P;g3 Two Company has been so eager to persuade the Commissioners not to make such disclosures to Alabama Electric Cooperative, i Inc. regarding Alabama Power Company's g parte efforts 'Inder-scores the reasons why, in the interests of fairness, such i disclosures ought to be made.

Sincerely yours, I i

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nnett Boskey D. Biard MacGuineas cc As per attached Certificate of Servics l'

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, 3#- 6 Mr. Nunzio J. Palladino 3 Chairman D .N Nuclear Regulatcry Commission .

Washington, D.C. 20555 Dear Chairman Palladino .

In this morning'.s mail we received a copy of your three-page " Memorandum for Files," dated June 26, 1984, "

Subject:

Meeting with Representatives of Alabama Power Company," which l had been mailed to us on June 28 by the Commission.

i This is the first knowledge we have had of the apparently very extensive and well attended meeting which took place between you and representatives of Alabama Power Company on June 26, 1984. Naturally, as counsel to Alabama Electric Cooperative we are interested in learning from your Memoran-dum that such a meeting did take place and the substance of what was said.

I We are, however, somewhat surprised to learn from your l Memorandum that such an extensive meeting with Alabama. Power Company was held on an ,e_x, r;arte basis, without notice to l Alabama Electric Cooperative or its counsel, and that the i

meeting was permitted to continuo even after, according to what is indicated in your Memorandum, it was stated by Alabama Power Company rather early in the meeting that "AEC informed Alabama Power that AEC is contemplating an enforcement petition and may filo a paper with IJRC this week."

For your information, Alabama Electric Cooperativo did on June 29, 1984, filo with the Commission a forn.nl request for enforcement, and mailed copios of it to Mr. Farley, President of Alabama Power Company, and to Mr. Buottnor, one of its counsel. At that time, as indicated above, wo woro wholly unaware of the mooting which Alabama Power Company had had NDkg.

e V' l voLPJ. CCCKEY AND LYCNO PCgo Two

. with you on June 26, and of any representations which Alabama Power Company may have made to you in connection with this matter. A copy of the Alabama Electric Cooperative formal request (not including the various Tabs which are attached to the copies filed on June 29), together with a copy of our letter of transmittal, is enclosed herewith for your informa-tion. As you will see from the Alabama Electric Cooperative request for enforcement, the manner in which Alabama Power Company has been conducting itself since the date on vhich the license conditions became final has led Alabama Electric Cooperative to conclude that , prompt enforcement action should be sought from, and taken by," the Commission at this time.

Your Memorandum does not indicate that in the meeting of

( June 26, 1984, Alabama Power Company representatives even alluded to most of the specific items which form the basis of Alabama Electric Cooperative's request for enforcement.

In the event that anything of substance was said at the meeting on June 26, 1984, which is not reflected in your Memorandum of that date, we request that such be communicated to us. If a transcript of the meeting was made or is being made, we likewise request that that be furnished to us.

We are furnishing copies of this letter to those persons to whom your Memorandum shows you sent copios of your Memo-i randum (other than Commissioner Gilinsky whose term has mean-while expired), and also to Messrs. Farley and Buettner.

On page 1 of your Memorandum, at the top of paragraph 2, it is. stated that "At the meeting, Alabama Power representa-tivos told mo the following information: --

They met pre-viously in separato mootings with Commissioners Anselstine and Bornthal and with Mr. Dircks to discuss the points presented to me." We hereby request that wo be furnished with copios of any notes or memoranda or transcripts which have boon made, or are being made, of any of those mootings.

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Sincoroly yours, ,

.'hk%W  !.

Bonnott Bosk,oy pW //{ ass + . - - 2j

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Enclosures D. Biarc MacGuinoan ~

cc Commissioner Roberts Commissioner Assolatino Commissionar Bernthal Herzol H. E. Plaino SECY Dockoting & Servico (Dockot !!o.s 50-340A, 50-364A)

Joseph M. Farley Robert A. Buottner, Esq.

O

' y/ CERTIFICATE OF SERVICE It is hereby certified that service of the attached document has been mtde by mailing or delivering

• copies to the following on the 6th day of August 1984.

(ht u "  !

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'84 /d -6 P4 :44 DENNETT BOSKEY v

• Nunzio [dNPalladino, Chairman U.S. Nuclair. Reg'ulatory Commission Washington, D.C.,20555

• Frederick M. Be'rnthal, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• James K. Asselstine, Commissioner U.G. Nuclear Regulatory Commission Washington, D.C. 20555 '

• Thomas M. Roberts, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 .

• Lando W. Zech, Connissioner -

U.S. Nuclear Regulatory Comm'innion '

Washington, D.C. 20555

• Docketing and Sorvicu Section office of the Socratary U.S. Nuclear Regulatory Commission 1 Washington, D.C. 20555

• Dr. Richard c. DoYoung, Direct'or Office of Inspection and Enforcement ' ...

U.S. Nuclear Regulatory Comminnion Wachington, D.C. 20555

• William J. Dircks Executive Director for Operations U.S. ifuclear Regulatory Comminnion Washington, D.C. 20555

• llorzol 11. E. Plcino, Esquiro General Counual U.S. Nuclear Regulatory Comminnion Washington, D.C. 20555

• Guy 11. Cunningham, III, Enquiro offico of Exocutivo Logal Director U.S. Nuclear Roquiatory Commission Washington, D.C. 20$55

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oJCarph Rutberg, Eaquiro .

Office of.txecutive Legal Director U.S. Nuclear Regulatory commission Washington, D.C. 20555 ,

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• Martin G. Malsch, Esquire  ;

l 3 office of General Counsel U.S. Nuclear Regulatory Commission '

Washington, D.C. 20555

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• Michael B. Blume, Esquire Office of General Counsel

U.S. Nuclear Regulatory Commission ,

l Washington, D.C.,20555 Narold F. Reis/ Esquire J. A. touknight, Jr., Esquire  :

Newman a Noltsinger, P.C.

1025 connecticut Avenue, N.W.  ;

Washington, D.C. 20036 3 Joseph M. Farley, President

• Alabama Power Company 600 North 18th street  !

7.0. Box 2441 p Birmingham, Alabama 35291 Robert A. Buettner, Esquire , ..

Balch, Bingham, Baker, Ward, '

l Smith, Bowman a Thagard P.0. Box 304 i Birmingham, Alabama 35201 ,

Melanie stewart Cutler, Esquire  !

Chief, Energy section  ;

Antitrust Division .

! U.S. Department of Justice  !

l 9th & Pennsylvania Avenue, N.W. ,. ..  !

Washington, D.C. 20530 '

l David W. Brown, Esquire Assistant Chief, Energy section ,

t Antitrust Division U.S. Department of Justice 9th & Pennsylvania Avenue, N.W.

Washington, D.C. 20530 l John D. Whitler, Esquire i Energy section, Antitrust Division  !

l U.S. Department of Justice 5 l P.O. som 14141 i

Washington, D.C. 20044

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