ML19323F082
| ML19323F082 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 04/21/1980 |
| From: | Farnell A CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8005280506 | |
| Download: ML19323F082 (5) | |
Text
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UNITED STATES OF AMERICA
'r",e NUCLEAR REGULATORY COMMISSION'
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BEFORE THE ATOMIC SAFETY AND LICENSING N,.._-
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329-OL
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50-330-OL (Midland Plant, Units 1 and 2)
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CONSUMER POWER COMPANY'S OBJECTIONS TO MARY SINCLAIR INTERVENORS' INTERROGATORIES DATED APRIL 2, 1980 Consumers Power Company (" Applicant") objects to Mary Sinclair Intervenors' " Interrogatories Directed to Consumers Power Company" dated April 2, 1980.
Pursuant to 10 CFR S2.740b (b) Applicant states the reasons for its objections:
INTERROGATORY NO. 1:
This interrogatory (1) does not relate, as it must pursuant to 10 CFR S2. 74 0 (b) (1), to any matter in controversy which was identified by the Atomic Safety and Licensing Board in the Special Prehearing Conference Order dated February 23, 1979.
There are no contentions admitted into controversy regarding construction cost estimates or construction schedules.
(2) is overbroad and unduly burdensome in that it requests the identity of each document and communication 8005 280f30lo G
which " relates", as defined in the " definitions and instructions" Appendix A to the Interrogatories, to the subject matter of the interrogatory.
INTERROGATORY NO. 2:
This interrogatory does not relate, as it must pursuant to 10 CFR S2.740 (b) (1), to any matter in controversy which was identified by the Atomic Safety and Licensing Board in the Special Prghearing Conference Order dated February 23, 1979.
There are no contentions admitted into controversy regarding construction cost estimates or construc-tion schedules.
INTERROGATORY NO. 3:
This interrogatory (1) is vague and incomprehensible; (2) does not relate, as it must pursuant to 10 FrR S2. 74 0 (b) (1), to any matter in controversy which was identified by the Atomic Safety and Licensing Board in the Special Prehearing Conference Order dated February 23, 1979.
The only contention which purported to deal with unspecified
" unresolved safety problems" was Number 52 which dealt with
" generic unresolved problems".
That contention was rejected by the Board and is not a matter in dispute.
Applicant specifically reserves its rights under 10 CFR S2.740 (c) to move at a later date for a protective order if it is determined that Applicant must answer the 4
e interrogatories.
Respectfully submitted, h.
Alan S. Farnell Attorney for Applicant Dated: April 21, 1980 ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 312/558-7500 i
I,
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter.of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329-OL
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50-330-OL (Midland Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I, Alan S. Farnell, hereby certify that a copy of Consumer, Power Company's Objections to Mary Sinclair Inter-venors' Interrogatories dated April 2, 1980 was served personal delivery on Myron M. Cherry, c/o Cherry, Flynn &
Kanter, One IBM Plaza, Suite 4501, Chicago, Illinois 60611, and a copy was served upon all other persons shown in the attached Service List by deposit in the United States mail, first class, this 21st day of April, 1980.
b hM' Alan S. Farnell
OPERATING LICENSE SERVICE LIST Frank J.
Kelley, Esq.
Grant Merritt, Esq.
Attorney General of the Thompson, Nielsen, Klaverkamp & James State of Michigan 44c. IDS Center Stewart H.
Freeman, Esq.
80 South Eighth Street Assistant Attorney General Minneapolis, Minnesota 55402 Gregory T.
Taylor, Esq.
Assistant Attorney General Atomic Safety & Licensing Appeal Panel Environmental Protection Div.
U.S. Nuclear Regulatory Commission 720 Law Building Washington, D.C. 20555 Lansing, Michigan 48913 Mr.
C.
R. Stephens Myron M.
Cherry, Esq.
Chief, Docketing & Service Section One IBM Plaza Office of the Secretary Suite 4501 U.S. Nuclear Regulatory Commission Chicago, Illinois 60611 Washington, D.C. 20555 Mr. Wendell H. Marshall Ms. Mary Sinclair RFD 10 5711 Summerset Street Midland, Michigan 48640 Midland, Michigan 48640 Ivan W.
Smith, Esq.
Colleen P. Woodhead, Esq.
Atomic Safety & Licensing Bd.
Counsel for the NRC Staff U.S.
Nuclear Regulatory Com.
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C. 20555 Mr. Lester Kornblith, Jr.
Atomic Safety & Licensing Board Panel Atomic Safety & Licensing Bd.
U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory Com.
Washington, D.C. 20555 Washington, D.C.
20555 Dr. Frederick P.
Cowan 6152 N. Verde Trail Apt. B-125 Boca Raton, Florida 33433 Carroll E. Mahaney Babcock & Wilcox P.
O.
Box 1260 Lynchburg, Virginia 24505
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