ML19326D431
| ML19326D431 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 11/12/1973 |
| From: | Bannan C, Leckie D JUSTICE, DEPT. OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006110451 | |
| Download: ML19326D431 (5) | |
Text
i H-sp.y UNITED STATES OF AMERICA THIS DOCUMENT CONTAINS P0OR QUAUTY PAGES BEFORE THE ATOMIC ENERGY COMMISSION In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329A (Midland Plant, Units 1 and 2)
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50-330A
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ANSWERS OF THE DEPARTMENT OF JUSTICE TO INTERVENORS' MOTION TO PRODUCE NONPRIVILEGED DOCUMENTS AND TO
, APPLICANT'S MOTION FOR AN EXTENSION OF TIME TO RESPOND Pursuant to Section 2.730(c) of the Commission's Rules of Practice, 10 C.F.R. Part 2, the Department of Justice answers Intervenors' November 5, 1973, Motion to Produce Nonprivileged Documents and Applicant's November 7, 1973, Mction for an Extension of Time to Respond to that notion.
I.
Answer to Intervenors' November 5, 1973, Motion to Produce Moncrivileged Documents It appears from the description of docueents in Intervenors' motien that many of the documents in the sampic i
examined by Intervenors' attorney are relevant to this pro-cceding and should have been' produced in Applicant's prior response to the First Joint Recuest for Documents (July 26,
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1972).
This is a strong indication that many of the remain-ing withheld ncnprivileged documents are probably relevant and prcducible under the Recuest.
For this reason we support Intervenors' motion for an order making those documents available for-inspection by counsel for-Intervenors-and the 80 0 1IO yh/
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Department of Justice.
The Department wants to examine these documents since they may be important to its direct case.
Since the deadline for the presentation of that case is rapidly approaching, an examination of these documents must proceed as ouickly as possible to determine if their produc-tion is warranted.
It is essential that both Intervenors' attorneys and the Ecpartment's attorneys be able to examine
'these remaining documents if this extensive examination is to be completed expeditiously.
B II.
Answer of the Department of Justice to Applicant's Motion for an Extension of Time to Respond The Department strongly opposes granting the time extension reauested and urges the Board to recuire App-licant to respond within the time prescribed by.the Rules. -Contrary to Applicant's assertion in point 5 of its motion, the Department will be severely. prejudiced by the recuested delay.
Notwithstanding its limiting the sampling process to Intervenors' counsel, the Boar'd has made clear that any documents in the possession of Applicant's' Washington counsel that should have been produced under First Joint Recuest for Documents of the Atomic
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Energy Commission Staff, the Intervenors and the Department of Justice, dated July 26, 1972, be produced to the Department as well as to the Intervenors.
Not only do the documents-described in pages 2-20 of Intervenors' Mo' tion,*/ appear relevant. many could well be. significant evidence for the
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Motion to Produce Nonprivileged Documents, dated November 5,
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Department's direct case in this proceeding.
If Applicant's response is delayed until November 19, 1973, the Department-will have inadecuate time to incorporate any of these docu-ments in our direct case, now scheduled to commence November 27, 1973--even assuming an immediate ruling by the Board and production by Applicant on November 19, 1973.
For the reasons stated above, the Department respectfully urges the Board to deny Applicant's }iotion and recuire a response by November 12, 1973.
We note that a prehearing conference is scheduled for that date and would not object to an oral response by Applicant at that conference.
Respectfully submitted,
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C. FORREST BANNAN
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a DAVID A. LECKIE Attorneys, Antitrust Division Department of Justice November 12, 1973 Washington, D. C.
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UNITED STATES OF MERICA BEFORE THE ATOMIC ENERGY COMMISSION In the Matter of
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CONSUMERS POWER COMPANY
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. Docket Nos. 50-329A (Midland Plant, Units 1 and 2)
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50-330A CERTIFICATE OF SERVICE I hereby certify that copies of ANSWERS OF THE DEPARTMENT OF l
JUSTICE TO INTERVENOR'S MOTION TO PRODUCE NONPRIVILEGED DOCUMENTS AND TO APPLICANT'S MOTION FOR AN EXTENSION OF IIME TO RESPOND, dated November 12, 1973, in the above-captioned matter have been served on the foll.owing by deposit in the U ited States mail, first class n
or air mail, this 12th, day of November; 1973:
Honorable Jerome Carfinkel Mr. Frank W. Karas, Chief Chairman, Atomic Safety and Public Proceedings Branch Licensing Board Office of the Secretary of U. S. Atomic Energy Ccmmission the. Commission Washington, D. C.
20545 U. S. Atomic Energy Commission Washington, D. C.
20545-Honorable Hugh R. Clark 1
~ Atomic Energy Commission ~~
William W. Ross, Esquire,
Post Office Box' 127A Keith S. Watson, Esquire Kennedyville, Maryland 21645 Wald, Harkrader & Ross 1320 Nineteenth Street, N.W.
Honorable J. Venn Leeds, Jr.
Washington, D. C.
20036 Atomic-Energy Commission Post Office Box 941 Harold P. Graves, Esquire Housten, Texas 77001 Vice President and General Counsel
-Consumers Power Company
. Atomic Safety and Licensing 212 West Michigan Avenue Board Panel Jackson, Michigan 49201
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O. S. Atomic Energy Co= mission 1
Washington, D. C.
20545 Robert A. Jablon, Esquire i
James C. Pollock, Esquire Chairman, Atomic Safety and Spiegel and McDiarmid Licensing Appeals Ecard 2600 Virginia Avenue, N.W.
U. S. Atomic Energy Co==ission Washington, D. C.
20037 lUashington, D. C.
20545
. Joseph Rutberg, Esquire Mr. Abraham Braitman, Chief Benjamin H. Vogler, Esquire Office of Antitrust and Indemnity U. S. Atomic Energy Commission ' ~ Antitrust Counsel for AEC Regulatory Staff Washington, D. C, 20545
- U. S. Atomic Energy Ccmmission Washington, D. C.
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SonorableFEankKelly Attorney General State of Michigan Lansing, Michigan 48913
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a DAVID A. LECKIE Attorney, Antitrust Division Department of Justice Washington, D. C.
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