ML20154A940

Ack Receipt of Hiatt to Perry Licensing Board Chairman Re Planned Merger of Cleveland Electric Illuminating Co & Toledo Edison.Merger Would Not Affect Const & Operation of Facility

ML20154A940
Person / Time
Site:	Perry
Issue date:	07/15/1985
From:	Stefano J Office of Nuclear Reactor Regulation
To:	Woodhead C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML20154A913	List: ML20154A909 ML20154A940
References
FOIA-85-642 NUDOCS 8603040185
Download: ML20154A940 (1)

Text

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Docket No.: 50-440 NOTE T0: Colleen Woodhead OELD FROM: John J. Stefano, Project Manager Licensing Branch No. I Division of Licensing

SUBJECT:

PLANNED MERGER OF CEI/ TOLEDO EDISON This is to acknowledge receipt of a copy of S. Hiatt's letter to the Perry Licensing Board Chairman dated July 10, 1985, relative to the announced Cleveland Electric Illuminating (CEI)/ Toledo Edison holding company formation, and my views on Ms. Hiatt's letter.

I believe that Ms. Hiatt's statement that the merger renders Sections 13 (Conduct of Operations) and 17 (Quality Assurance) of the Perry Safety Eval-uation Report (NUREG-0887) invalid is somewhat premature and absent of any factual basis. While it is conceded that some change may be required in the Perry FSAR as a result of such a merger, which would necessitate NRC staff review and subsequent update of these SER sections, CEI has advised me that finalization of such a merger is only in the initial planning stages, and that we should not expect to see any appreciable changes in the current CEI organization responsible for the construction and operation of the Perry Nuclear Power Plant. Furtherwore, I do not believe that this merger would be an impediment to the Perry project even though finalization of the merger could occur well after Perry Unit 1 is licensed in September 1985.

Jo J. Stefano, r e ct M'anager Lic ns' ng Branc No '

Div sion of Li ns n 8603040185 860114 PDR FOIA SCHLEMM 85-642 PDR

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GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Awnue, N.W. Suite 202 Washington, D.C. 20036 (202)232-8550 FOIA Request September 19, 1985 i

Nuclear Regulatory Commission i Director fEfD40W OF INFOWATION Division of Rules and Records

. ;M:T REQUES?

Office of Administration g.,_ y p g Washington, D.C. 20555 FREEDOM OF INFORMATION REQUEST

'd 9 .33-PS To Whom It May Concern:

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.

section 552, the Government Accountability Project (CAP) requccts copies of any and all agency records as defined in 10 C.F.R.

section 9.3a(b) and the NRC Manual Appendix 1211 parts 1.A.2 and A.3 (approved October 8, 1980) and information including but not limited to notes, letters, files, memoraanda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, inter-view reports, procedures, instructions, engineering analyses, drawings, graphs, charts, maps, photographs, books, telephone messages, computations, voice recordings, any other data compila-tions, interim, status and/or final reports related to and/or generated in connection with:

(a) any agreements oral or written between Cleveland Electric Illuminating Company, Toledo Edison, North Holding Company, East Merger Company, and West Merger Company; (b) any minutes of meeting between Cleveland Electric Illu-minating Company, Toledo Edison, North Holding Company, East Merger Company and West Merger Company records given from Cleveland Electric Illuminating Company, Toledo Edison, North Holding Company, East Merger Company and West Merger Company regarding the Doris Besse Plant, Perry Plant, Beaver Valley, and other nuclear plants; (c) any joint agreement between Cleveland Electric Illu-minating Company, Toledo Edison, North Holding Company, East Merger Company and West Merger Company; (d) any conversation or other communication between any member of SEC and Cleveland Electric Illuminating Company, Toledo Edison, North Holding Company, East Merger Company and West Merger Company;

(e) any conversation or other communication between Cleveland Electric Illuminating Company, Toledo Edison, North Holding Company, East Merger Company and West Merger Company and any Capco company and anyone at PUCO.

(f) any conversation or other communication, representa-l tion, commentaries, etc. made to any stock brokers, financial adjusters, financial institution, Wall Street by Cleveland Electric Illuminating Company, Toledo Edison, North Holding Company, East Merger Company and West Merger Company, and (g) any conversation or other communication between Cleveland Electric Illuminating Company, Toledo Edison, North Holding Company, East Merger Company and West Merger Company regarding organized crime activity and/or union corrupters at nuclear plant sites.

If any records as defined in 10 C.F.R. section 9.3a(a) and covered by this request have been destroyed and/or removed, and/or destroyed and removed after receipt of this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or l

removed, a description of the action (s) taken, relevant date(s),

individual, office and/or agency-wide policies and/or justification (s) or the action (s), identification of all personnel involved with the action (s), and any and all records relevant to, generated in connection with, and/or issued **

in order

to implement the action (s).

GAP requests that fees be waived, because " finding the information can be considered as primarily benfitting the general public", 5 U.S.C. section 552 (a) (4) (A) . The Government Accountability Project is a non-profit, non-partisan public interest organization concerned with honest and open government.

Through legal representation, advice, national conferences, films, publications and public outreach, the Project promotes whistleblowers as agents of government accountability. GAP

< requests the above information as part of an ongoing monitoring project on the adequacy of the government's efforts to protect the public safety and health at nuclear power plants.

For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, e>: plaining why each exemption is relevant to the document or portion of the document withheld.

This index is required under Vaughn v. A. Rosen (1), 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).

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i We look forward to your response to this request within ten days.  ;

sincerely,

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Government Accountability Project 1555 Connecticut Ave., MW.

Washington , D.C.

September 18, 1985 Nuclear Regula ory Commission Director Division of Rule and Records Office of Admini ration FREEDOM OF INFORMATION Washingto.1, D.C. 0555 ACT REQUESY FREEDOM OF INFORMATl'ON REQUEST To Whom It May Concer\g Pursuant to the Fr edom of Information Act (FOIA), 5 U.S.C.

section 552, the Governm nt Accountability Project (GAP) requests copies of any and all age cy records as defined in 10 C.F.R.

section 9.3a(b) and the N Q Manual, Appendix 1211 parts 1.A.2.and n.3.(approveu @Ctober 8,1960) and information including but not 11mited to 1.)tes, lettefp, riles, memoraanda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures \ instructions, engineering analyses, drawings, graphs, c rts, maps, photographs, books, telephone messages, computatio , voice recordings, any other data compilations, interim, sta s and/or final reports related to and/or generated in connectio ith:

(a) anyagreementsoralorwhittenbetweenCleveland Electric Illuminating Company, Toledy Edison, North Holding Company, East Merger Company, and Wes Merger Company; (b) any minutes of meeting betwee Cleveland Electric Illu-minating Company, Toledo Edison, North dglding Company, East Merger Company and West Merger Company reqords given from Cleveland Electric Illuminating Company, T edo Edison, North Holding Company, East Merger Company and We t Merger Company regarding the Davis Besse Plant, Perry Plant, Beaver Valley, and other nuclear plants; (c) any joint agreement between Cleveland lectric Illu-minating Company, Toledo Edison, North Holding Co any, East Merger Company and West Merger Company; (d) any conversation or other communication bet een any member of SEC and Cleveland Electric Illuminating Comp y, Toledo Edison, North Holding Company, East Merger Company and st Merger Company; (e) any conversation or other communication between Cleveland Electric Illuminating Company, Toledo Edison, North Holding Company, East Merger Company and West Merger Company and CQpco company and anyone at PUCO.

( ,) any conversation or other commtinication, representa-tion, cbqpmentaries, etc. made to .any ::tock brokers, financial adjusterg financial institution, Wall Street by Cleveland Elec-tric Illuminating Company, Toledo Edison, North Holding Company, East Merger \Cempany and West Merger Company; and

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(g) any\ conversation or other communication between Cleveland Elec'tiric Illuminating Company, Toledo Edison, North Holding Compan k East Merger Company and West Merger Company regarding organited crime act'.vity and/or union corrupt at nuclear plant siti,s, s

inany'recoresasdefin*edinauC.F.R.f9.3 afb) and covered by this request have been destroyed and/or removed, and/or destroyed and renoved after receipt of this request, pleasepkovideallsurroundingrecords, including but not limited to a list of all epcords which h5ve been or are destroyed and/or removed, a description of t6p action (s) taken, relevant dates (s), individual, office and /or agency-wide pdlicies and/or justification (s) for the action (s),

identificatiosof all personne1.,\ involved withthe action (s), and any and all records relevant to , generatedgin connection with, and/ or issued in order to implement the actions (s). 'g s

Gap requests that fees be waived, bpcauso " finding the infcirmation can ba considered as primarilt benefitting'sthe general public" 5 U.S.C % 552 (a)(4) (A).

The Government Accountability Projece,is a non-profit, non partisan public interest organization concerned with tionest ar.d open government. Through legal representation, advice, national konferences, films, publications and public outreach, the project promotes wN(stle blowers as agents of government accountability. Cap requests the above icformation as part of an on going monitoring project on the adequacy of the bovernments efforts to protect the publicsafetyandhealthatnuclearpower[,(ants.

s for any docueents or portions that you deny die to a specific FCIA ocerrption, please provide an index itemizing and describihg the docum.*nts or portions '

of documents withheld. The inden should provide a detailed justification of your grounds for claiming eact. exemption,' eypkaining why each exemption is  ;

relevant to the document or porcions of the docu'ent withheld. This index is required under vaughn V. A Mosen(1) ,484 P.2d 9 (D.C. Cir. 1973),

cert. denied, 415 U.S. 977 (1974).

N We look forward to your response to this request with1N ten days.

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Sincerely, \

p.1].4/ N b ma%

Donald L. Schlemmer

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