ML19326D396

Requests Open Extension of Subpoena Response Date Due to Short Notice Given for Engineering & Clerical Required. Clients Have Been Advised of Info Requested

ML19326D396
Person / Time
Site:	Midland
Issue date:	08/17/1973
From:	Daverman R DAVERMAN ASSOCIATES, INC.
To:	Garfinkel J Atomic Safety and Licensing Board Panel
References
DA-7308-6, NUDOCS 8006110411
Download: ML19326D396 (4)

Text

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L August 17, 1973 gNgf g DA 7308-6 GGGEETED USEC ,

5 lion. Jerome Garfinkel, Esq., Chairman g AUG2 01973*

Atomic Safety & Licencing Board t?- d :t? 'mts!

U. S. Atomic Energy Commission

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Washington, D.C. 20S45 6  % O

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Consumers Power Company ) Docket Numbers 50-329& .

(Midland Plant, Units 1 and 2) ) -

Dear Mr. Garfinkel:

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Your subpoena duces tecum to us on the subject matter under date of July 30, 1973 was served upon us with a response date of August 27, 1973.

The material and documents which you request are, in all instances, work ,

products developed in connection with providing services for clients of our company in our professional capacity as engineers and consultants to them. ,

We have issued a letter to our clients, along with a copy.of the subpoena, advising them of our responsibility to respond and to make available the

• information requested in the subpoena. We would feel bound by the reason-able and legal requests of our clients with respect to any matters in our F ,

files relating to our services for them and shall respond further to you l

after we have received their replies. A copy of our leher and a list of the clients receiving the letter are enclosed.

Assuming that we receive authorization from our clients to respond to the l subpoena (and we know that subpoenas were served t'o each of them many )

months ago for the same substantive matters, so that the service of the subpoena upon us is epsentially duplicative), the amount of paper and number of documents to be produced under our subpoena, because of its all encom-passing and non-specific language, runs into tens of thousands of pieces over a period of thirteen years and involves the active, transferred and dead filos of our organization. The engineering and clerical time required 84 s rio y/s M _

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DAVERMAN ASSOCIATES d

HON. JEROME GARFINKEL, ESQ. August 17, 1973 .,-

to respond to the subpoena as presently written is beyond the capacity of our organization to supply upon such short notice, and, regardless of time, will be very burdensome to us in view of on-going engineering service com- '

mitments to all of our clients. Furthermore, the cost of responding to the subpoena is something.which our firm should not be required to bear without compensation. ,,

Consumers Power Company has known for many years that we have served many of Michigan's mu' n icipal and cooperative electric utilities as engineering ,

consultants in t'he preparation of various engineering studies and reports. 9 It would seem logical'then that we should have been subpoenaed in the broad terms in which we'wgre many months ago, coincidental with the service of subpoenas to many of these municipal and cooperative electric utilities.

Since that was not the case, it follows that our subpoena results from spe-cific discovery under other subpoenas. It seems only reasonabic, therefore, that the subpoena directed to us should be required to request specific '

work papers and supporting data on an item by item basis for those studies for which additional information is desired.

Furthermore, we are presently engaged in* rendering services to certain of '

our clients on the following matters for which confidentiality is essential and must be considered privileged.  ?

a.

Engineering and consultation services for the' inter-venors in the subject matter.

b. Engineering and consultation services in connection ,' .

with power supply contract negotiations betweeen Consumers Power Company and the Michigan Municipal and Cooperative Power Pool members (Northern Michigan Electric Cooperative; Wolverine Electric Cooperatives City of Traverse City, Michigan;(Board of Water and Light of the City of Grand Haven, Michigan). ,

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c. Engineering and consultation services in connection .g with a Federal Power Conunission rate case interven , ,,

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tion involving Consumera Power Company and several ..

of our clients. >

It would be our feeling that the subpoena should also be limited to exclude '

any material prepared by us in connection with these three matters. If volun-tary agreement cannot be reached on the elimination of this material, we .. v would expect to present a motion to limit the reach of the subpoena so as L' to exclude the above matters. .

y We are completely wiliing to cooperate fully in this matter and would -

t welcome an opportunity to meet with your representatives and representatives ,'

of Consumers power Company to develop a specific item by item approach to s

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DAVEAMAN ASSOCIATES - , .s HON. JEROME GARFINKEL, ESO. ,

• - ' 3 -- August 17, 1973 ,

e to responding to the subpoena so as to minimize' the effort for all parties ,, .

concerned, to avoid the necessity of duplicating the efforts of others, ,!

and, especially, to avoid submitting . volumes.'of material whIch would be 7-totallyunessentialinthismatterbutwhich'withinthepresentallencom-[/

passing language of the subpoena we are ordered to provide.- , ... r-

+ ...c Accordingly, we request that the response date of our subpoena be extended 7 on an open basis until the scope of its reach is more specifically defined - . .: '

as requested in this letteerat which time,a practical determination of 3 ,

the time required to respond'can be established. , ('

• I reight add that if we are required to respond to our subpoena in its pre-sent form, we see no way to meet its dhmands in less than four to six . .' ' % i months, since a thorough and detailed search of all files and records will if have to be made by members of'our engineering staff conversant with the y'Gg'j , ,

work while continuing.to meet. day to day workload requirements. .9 i 1 1

Your sincere consideration of our request will be greatly appreciated.

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Very truly yours, . ,

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DAVERMAN ASSOCIATES, INC. ,

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, DA 7308-6 y, g g g ,ggy re u m m.m . 6 The attached letter was ed N eac the following people on August 15, 1973: ,

.4 Mr. A. L. Edwards, Director 03 Mr. Harry H. Pauly, Manager Board of Light & Power Presque Isle Electric Cooperative City of Grand Haven Onaway, Michigan 49765 519 Washington Street Mr. Harley Johnston, Manager Grand IInven, Michigan 49417 Oceana Electric Cooperative ,

Mr. Henry E. Graper, Jr. City Manager 24 North State Street Hart, Michigan 49420 City of Dowagiac 241 South Front Mr. Kenneth Bumstead, Manager Dowagiac, Michigan 49047 O & A Electric Cooperative Mr. Georgt H. Vondrak, City Manager Division & Quarterline City of Hart Newaygo, Michigan 49337 407 South State Street Mr. Robert C. Lambert, Manager H u t, Michigan 49420 Cherryland Rural Elec. Cooperative Assn.

U.S. 31 South, P. O. Box Mr. Earl F. Brush, Manager Water & Electric Light' Board Grawn, Michigan 49637 City of Lansing Mr. Clarenca O. Haslanger, Ma* nager 123 West Ottawa Street Fruit Belt Electric Cooperative Lansing, Michigan 48903 Cassopolis, Michigan Mr. Richard B. Chesney, City Manager Mr. Frank P. Anderson, Manager City of Marshall 323 West Mi.::higan Avenue Western Michigan Electric Cooperative Marshall, Michigan 49068 .P. O. Box 248 Scottville, Michigan 49454 Mr. Richard I. Gorman, City Manager Mr. Vernon Smith, Manager City of Petoskey 200 Division Street Tri-County Electric Cooperative ,

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Petoskey, Michigan 49770 P. O. Box 348 Portland, Michigan l Mr. Larry A. Wernettc, City Manager City of Portland Mr. Roger Westenbroek, Manager 259 Kent Street Top O' Michigan Rural Electric Company 319 North Lake Street, P. O. Box 70 Portland, Michigan 48875 Boyne City, Michigan .49712 Mr. Lawrence C. Savage, Jr.,

Southeastern Michigan Rural Electric Coo I City Manager City of Traverse City 1610 East Maumee Adrian, Michigan 160 East State Street Traverse City, Michigan 49684 Mr. Orville Hurford, Manager Mr. Robert Anderson, City Manager Thumb Electric Cooperative City of Harbor Springs 2231 Main Street 349 East Main Street Ubly, Michigan 48475 Harbor Springs, Michigan 49740 i Mr. John Keen, Manager l Mr. William Strom, Superintendent Wolverine Electric Cooperative l Municipal Service 302 South Warren Avenue City of Wyandotte Big Rapids, Michigan 49307 3131 Diddle Avenue Mr. A. E. Steinbrecher, Manager Wyandotte, Michigan 48192 Northern Michigan Electric Cooperative Mr. Thomas G. Hanna, P. O. Box 138 Boyne City, Michigan 49712

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