ML19326D394

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Responds to DOJ Request That ASLB Defer Issuance of License Conditions.Concurs W/Request & Urges Prompt Ruling. Certificate of Svc Encl
ML19326D394
Person / Time
Site: Midland
Issue date: 11/01/1974
From: Bannon C, Jablon R, Ross W, Verdisco R
CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), JUSTICE, DEPT. OF, MICHIGAN MUNICIPAL COOPERATIVE POWER POOL, US ATOMIC ENERGY COMMISSION (AEC), WALD, HARKRADER & ROSS
To:
US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 8006110409
Download: ML19326D394 (4)


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?3T GT;2.7 Secretary, AEC 11-25-74 11-26-74 Washington, DC TO:

ORIG CC OTHER SENT AEC ?LR S T L M PDR AEC CLASS C;CL\\SS PROP I!EO INPUT NO CYS REC'D DOCKET I;0:

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50-329-A/330-A DESCRIPTIOi:

ENCLOSURES:

No itr of trans rec'd w/ hearing transcripts...

Hearing Transcripts dated 11-25-74 Page thru jefl fr1Cf k $dN% WO

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PIRIT NAME:

Midland 1 & 2

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m UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of

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CONSUMERS POWER COMPANY Docket Nos. $a

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and 50-330A (Midland Plant, Units l'and 2)

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Response of the Parties to the Department's Request that the Board Defer Issuance of License Conditions In its post-hearing brief (p. 252), the Department of Justice requested the Board, in the event that it found a situation inconsistent with the antitrust laws in this pro-ceeding, to defer issuing specific license conditions until the parties have an opportunity to propose conditions in

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light of the Board's decision.

All of the parties concur that such a procedure would

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serve the public interest and should be adopted.

We believe that in ruling upon the legal and factual issues raised in the proceeding and in setting forth generally the nature of the relief it deems appropriate, the Board will assist the parties in framing conditions which will satisfy their respective needs and desires.

Such conditions would of course be subject to the Board's approval; but permitting the parties to draft specific conditions will, we believe, be of assistance to the Board.

Should the parties prove unable to reach accord concerning one or more conditions within 30 days, the parties would then propose to explain their positions to the Board in memoranda O

supplementing their briefs.-

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2-Under the procedure which we propose, the parties would be free to address issues relating to proposed relief in their reply briefs.

However, because the Board's response may affect the content of the reply briefs, whose filing date is November 25, 1974, we respectfully request the Board to rule upon this proposal as soon as possible and to make noti-fication of the decision by telephone.

Respectfully submitted,

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Wmi'Warfielf Ross, Esq.

Counsel for Consumers Power Company Robert Verdisco, Esq.

Counsel for AEC Staff

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'_N gobert A. Jablon,(EJg.

Counsel for Intervenors C. Forrest Bannan, Esq.

Counsel for Department of Justice November 1, 1974 l

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of

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CONSUMERS POWER COMPANY

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Docket Nos. 50-329A

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and 50-330A (Midland Plant, Units 1 and 2)

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CERTIFICATE OF SERVICE I hereby certify that copies of RESPONSE OF THE PARTIES TO THE DEPARTMENT'S REQUEST THAT THE BOARD DEFER ISSUANCE OF LICENSE CONDI.TIONS, dated November 1, 1974, in the above-captioned matter have been served on the following by deposit in the United States mail, first class or air mail, this 1st day of November, 1974:

Hugh K. Clark, Esq.

William T.

Clabault, Esq.

P. O. Box 127A Joseph J. Saunders, Esq.

Kennedyville, Maryland 21645 David A. Leckie, Esq.

Public Counsel Section James Carl Pollock, Esquire Antitrust Division 2600 Virginia Avenue, N.W.

Department of Justice Washington, D. C.

20037 Washington, D.

C.

20530 Joseph Rutberg, Jr., Esq.

Antitrust Counsel for AEC Regulatory Staff Atomic Energy Commission Washington, D. C.

20545 C. Forrest Bannan, Esq.

Antitrust Public Counsel Section P. O. Box 7513 Washington, D. C.

20044 Atomic Safety and Licensing Board Atomic Energy Commission Washington, D. C.

20545 Dr. J. V. Leeds, Jr.

P. O. Box '/1

Houston, Tm.. s 77001 Keith S. Watson 9

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