ML19326D145

Response to NRC 780113 Order Extending Time for Util to File Petition for Review of Aslab Decision in ALAB-452.Notices of Appearance for MG Berger & Jr Urban & Certificate of Svc Encl

ML19326D145
Person / Time
Site:	Midland
Issue date:	01/27/1978
From:	Berger M, Urban J JUSTICE, DEPT. OF, ATTORNEY GENERAL, OFFICE OF
To:
References
NUDOCS 8006060723
Download: ML19326D145 (7)

Text

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UNITED STATES OF AMERICn a i

NUCLEAR REGULATORY COMMISSION V:1 #h %gY$$ s ^

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In the Matter'of ) ,

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CONSUMERS PCWER COMPANY ) Docket Nos. 50-329A Midland Plant, Units 1 and 2 ) 50-330A RESPONSE OF THE DEPARTMENT OF JUSTICE -

TO THE JANUARY 13, 1978 ORDER OF THE NUCLEAR REGULATORY COMMISSION On January 13, 1978, this Commission issued an. Order in response to the Motion of Consumers Power Company for an -

extension of time in which to file a petition for review.

4 In that Order the Commission recuested that the parties

, address the. issue of whether review of the Appeal Board decision'in ALAB-452 should be deferred until after the ,

I decision on the remand ordered by the Appeal Board. The Department of Justice hereby responds.

Commission review of the Appeal Board decision should not be had until after a' decision on relief has been made.

t In the interest of judicial economy it is best that the

i Commission review the above captioned matter in its k

-entirety, after the issue of relief has been decided.

4 This is because relief should be examined in light of l l

the f acts which justified a - finding of a situation inconsistent with the. antitrust laws. If a substan-tial period of time should elapse between Commission

• s006060 7 D i

affirmance on the merits and a Commission review of a decision on relief, the Commission would have to take -

the time to refresh itself on the facts in order to conduct such a review.

For the foregoing reasons the Department urges the Commission to defer its review of the Appeal Board decision in the above captioned matter unt!1 such time as a decision en relief has been issued.

Respectfully submitted,

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Donald L. Flexner Melvin G. Berger Chief Donald A., Kaplan C hc_I-((/A [hl Assistant Chie f p anet R. Urban Energy Section Attorneys, Energy Sec. tion Antitrust Division Antitrust Division Department of Justi,e Department of Justice January 27, 1978 s_. m , - -.,. - , , , . . - , - - . -.,, ,_

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UNITED STATES OF AMERICA '

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In the Matter of } \ " "' / .

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329A Midland Plant, Units 1 and 2 ) 50-330A WOTICE OF APPEARANCE BY THE DEPARTMENT OF JUSTICE Notice is hereby given that the undersigned attorney herewith enters an appearance on behalf of the Department of Justice in the captioned matter. In accordance with S2.713 of the Commission's Rules of Practice, the following information is provided:

Name: Melvin G. Berger Address: -

Antitrust Division Department of Justice Post Office Box 14141 Washington, D.C. 20044 Telephone Number: Area Code 202, 739-2033 Admission: Court of Appeals of Maryland Name of Party: United States Department of Justice Washington, D.C. 20530 f(.ddc >n Q .0?pW Nelvin G. Berger Attorney, Antitrust Division Department of Justice

• Dated: January 27, 1978 O

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UNITED STATES OF AMERICA -

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NUCLEAR REGULATORY COMMISSION , y.'

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In the Matter of )

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CONSUMERS PCWER COMPANY ) Docket Nos. 50-329A Midland Plant, Units 1 and 2 ) 50-330A NOTICE OF APPEARANCE BY THE DEPARTMENT OF JUSTICE Notice is hereby given that the undersigned attorney herewith enters an appearance on behalf of the Department of Justice in the captioned matter. In accordance with S2.713 of the Commission's Rules of Practice, the following information is provided:

'Mme: Janet R. Urban Address: Antitrust Division Department of Justice Post Office Box 14141 Washington, D.C. 20044 l

Telephone Number: Area Code 202, 739-2033 Admission: Court of Appeals of Maryland Name of Party: United States Department of Justice Washington, D.C. 20530 dh M Janet R. Urban hAttorney, Antitrust Division

. Department of Justice Dated: .Tanuary 27, 1978 l

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m UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) 's, ,

CONSUMERS POWER COMPANY ) Docket Nos. 50-329A Midland Plant, Units 1 and 2 ) 50-330A CERTIFICATE OF SERVICE I hereby certify that copies of RESPONSE OF THE DEPARTMENT OF JUSTICE TO THE JANUARY 13, 1973 ORDER OF THE NUCLEAR REGULATORY COMMISSION and NOTICES OF APPEARANCE BY THE DEPARTMENT OF JUSTICE have been served upon all of the parties listed on the attachment hereto by deposit in

. r the United States mail, first class or airmail, this 27th day of Janaury 1978.

Wh Urban fanet R. Department of Justice rAttorney, Antitrust Division e

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

) i CONSUMERS POWER COMPANY ) Docket Nos. 50-329A Midland Plant, Units 1 and 2 ) 50-330A SERVICE LIST Hugh K. Clark, Esq.

Chairman, Atomic Safety and Licensing Board Nuclear Regulatory Commission Washington, D.C. 20555 l

Joseph Rutberg, Esq.

Antitrust Counsel for Nuclear Regulatory Commission Staff Nuclear Regulatory Commission Washington, D.C. 20545 Chase R. Stephens, Chief Docketing & Service Branch Office of the Secretary Nuclear Regulatory Commission Washington, D.C. 20555 Seth R. Burwell, Esq.

Burwell & Shrank 1020 Washington Square aldg.

Lansing, Michigan 48933 Wm. Warfield Ross Keith S. Watson

< Wald, Harkrader & Ross 1320 Nineteenth Street, N.W.

Washington, D.C. 20036

-) The Honorable Frank Kelly Attorney General State of Michigan Lansing, Michigan 48913 Dr. J. V. Leeds, Jr.

Post Office Box 941 Houston, Texas 77001 Robert A. Jablon, Esq.

Spiegel & McDiarmid .

2600 Virginia Avenue, N.W.

Washington, D.C. 20037

Commissioner Joseph M. Hendrie Office of the Commission U.S. Nuclear Regulatory Commission I Washington, D.C. 20555 Commissioner Victor Gilinsky

• Office of the Commission * '

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Commissioner Richard Kennedy Office of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Commissioner Peter Bradford Office of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 I

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