ML19326D477

Responds to Intervenors' Motions for Reconsideration of ASLB 721128 Order & 730629 Motion to Compel.No Position Taken on Motion for Reconsideration.Joins W/Intervenors in Requesting to Inspect Some Withheld Documents.Certificate of Svc Encl

ML19326D477
Person / Time
Site:	Midland
Issue date:	07/11/1973
From:	Brand W, Leckie D JUSTICE, DEPT. OF
To:	US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 8006110511
Download: ML19326D477 (4)

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Yh UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION In the Matter of )

CONSUMERS POWER COMPANY

)

) Docket Nos. e' 0-32 -

(Midland Plant, Units 1 and 2) ) - 30A ANSWER OF THE DEPARTMENT OF JUSTICE TO INTERVENORS' MOTIONS FOR RECONSIDERATION AND TO COMPEL Pursuant to Section 2.730(c) of the Commission's Rules of Practice,10 C.F.R. Part 2, the Departdent of Justice answers the Intervenors ' Motion for Reconsideration of the Trial Board's November 28, 1972, Order and Nbtion to Compel, filed June 29, 1973.

The Department takes no position on the Motion for Reconsideration. -

The Motion to Compel, seeks, inter alia, permission to examine documents not claimed to be privileged which were forwarded by Applicant to its Washington counsel, Wald, Harkrader & Ross. The Department shares the concern expressed by Board members at the July 6,1973, informal prehearing conference that many thousands of documents were ta' ken from Applicant's files by its searchers in the process of comply-ing with the First Joint Request for Documents , were duly sent to Washington counsel, but were never provided to the joint discoverers. We join the Intervenors in requesting to inspect the withheld documents for which no privilege is 80061.10 h a .

claimed so as to ascertain fairly the nature of Applicant's compliance with our proper discovery. We note further that -

insofar as any documents withheld may be relied upon by Appli-cant in presenting its case or may be relevant to rebuttal of that case, those documents would be producible at the hearing per Sections 2.743 and 2.720 of the Commission's Rules. Their disclosure now would surely not burden Applicant and could save considerable time later on. For example, Michigan Pool committee materials relating to the technical feasibility of particular engineering practices or discussing the resolution of day-to-day pooling problems will be useful in cross -

examination or will be rebuttal evidence to any claims that

..lechnien1.hcrriers _ preclude.. Applicant '.s . coordination with Intervenors and other small systems. Their disclosure now would permit prompt cross-examination of Applicant 's case ,

without need of delay.*]

Respectfully submitted, c k N -: :; k ! ,.., z DAVID A. LECKIE WALLACE E. BRAND Attorneys, Antitrust Division Washington, D. C.

July 11,1973 ,

• / The Board 's November 28, 1972, ruling required disclosure of such documents insofar as they might assist the Department in preparing its direct case--i.e., those documents which deal with Applicant's power to grant or deny access to coordi-nation, and those documents dealing with the use of this power against smaller utility systems" (p. 3)--and did not consider their relevance for purposes of cross-examination and prepara-tion of rebuttal.

Sh>

UNITED STATES OF AMERICA BEFORE THE

_ . - ATOMIC ENERGY COMMISSION In the Matter of )

)

CONSUMERS POWER COMPANY ) Docket Nos. 50-329A (Midland Plant, Units 1 and 2) ) 50-330A CERTIFICATE OF SERVICE I hereby certify that copies of ANSWER OF THE DEPARTMENT OF JUSTICE TO INTERVENORS MOTIONS FOR RECONSIDERATION AND TO COMPEL, dated July 12, 1973, in the above-captioned matter have been served on the following by deposit in the United States mail, first class or air mail, this 12th day of July,1973T Honorable Jerome Garfinkel Atomic Safety and Lic ensing Chairman, Atomic Safety and Board Panel Licensing Board U. S. Atomic Energy Commission i U. S. Atomic Energy Commission Washington, D. C. 20545 Washington, D. C. 20545 i Chairman, Atomic Safety and i Honorable Hugh R. Clark Licensing Appeals Board l Atomic Safety and Licensing Board U. S. Atomic Energy Commission Post Office Box 127 A Washington, D. C. 20545 i Kennedyville, Maryland 21645 Mr. Abraham Braitman, Chief Honorable J. Venn Leeds, Jr. Office of Antitrust and Indemnity Atomic Safety and Licensing Board U. S. Atomic Energy Commission Post Office Box 941 Washington, D. C. 20545 Houston, Texas 77001 Harold P. Graves, Esquire William Warfield Ross , Esquire Vice President and General Counsel

! Keith S. Watson, Esquire Consumers Power Company l Wald, Harkrader & Ross 212 West Michigan Avenue 1320 Nineteenth Street, N.W. Jackson, Michigan 49201 Washington, D. C, 20036 Joseph Rutberg, Esquire Honorable Frank Kelly Benjamin H. Vogler, Esquire Attorney General Antitrust Counsel for AEC State of F1chigan Regulatory Staff Lansing, Michigan 48913 U. S. Atomic Energy Commission Washington, D. C. 20545 Robert.A. Jablon, Esquire 2600 Virginia Avenue,'N.W.

Washington, D. C. 20037

Mr. Frank W. Karas, Chief Public Proceedings Branch Office of the Secretary of the Comission U. S. Atomic Energy Comission Washington, D. C. 20545

~ -( b. Si DAVID A. LECKIE Attorney, Antitrust Division Department of Justice Washington, D. C. 2.0530

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