ML19329E196
| ML19329E196 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 02/16/1973 |
| From: | Clark H, Garfinkel J, Leeds J Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19329E197 | List: |
| References | |
| NUDOCS 8006110561 | |
| Download: ML19329E196 (8) | |
Text
AEC ETSTRIEUTION FOR PART 50 DCCIET MfERIAL (TEMPORARY FORM)
CONTROL NO: 1172 FIE MTI'7FUS?
'FROM:
DATE OF DOC:
DATE REC'D LTR LZMO RFf CThTR Secretary,.iEC Washington, D. C.
2-12-73 2-20-73 TO:
ORIG CC OTHER SS?iT AEC FDR SE C LOCAL PDR TEC CLASS:
QL]&OP IRF0 INPUT NO C'LS REC'D DOCGT 50:
h-3 330A DESCRIF2 ION:
ENCLOSURES:
U No ltr of trans rec'd with Hearing Transcripts HEARING TRANSCRIPTS for the Midland Units 1&2 PAGES: 150 thru 365 THIS DOCUMENT CONTAINS+
POOR QUAUTY PAGES Y
( 3 cys ree'd) o o s.
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1:11dland Units 1 & 2 FOR ACTIOi/IiFORMATION 2-20 73 AB BUILER(L)
SCE":NCER(L)
SCHCEL(L)
KNIGETON(E)
W/ Ccpies W/ Ccpies W/ Copies W/ Copies CLARK (L)
STOLZ(L)
ZIEMANN(L)
YOUNGBID0D(E)
W/ Ccpies W/ Ccpies W/ Copies W/ Copies COLLER(L)
VASSAIJD(L)-
CHITil COD (FM)
REGAI!(E) i W/ Ccpies W/ Copies W/-Copics W/ Copies KNIEL(L)
H. DEICCN
. DICKER (E) y ER'.ITMAN W/ Copies W/ Copies W/ Copies W/2 Copies
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!ETZING/ STAFF MACCARY GAIOELL SMILEY G. WILLIAPS E CASE KNIGHT (2)
KASTNER liUSSEAUMER E. GOULEOURNE L GIA!GUSSO PAWLICKI BALLARD A/TIND BOYD-L(EUR)
SHA0 SPAUGLER LIC ASST.
ERAITMAll DEIOG;G-L(PWR)
KNUfH SEhVICE L SALTZMAN SKOVFOLT-L STELIO ENVIRO MASON L
P. COLLINS M00RE MJLLZR WILSON L
PLAUS HOUSTON DIC13:R MAIGRET L KCDONALD REG OPR TEDESCO KNIGHTON S!ETH L
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MOFRIS LAINAS FROJ. LEADER DIGGS L
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4 s'l UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION D:'"*i.T :
In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-339A
)
50-330A (Midland Plant Units 1 and 2)
)
TIIIRD PREHEARING CONFERENCE ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD The matter having come before this Atomic Safety and Licensing Board (Board) at a Third Prehearing Conference on February 12, 1973, and counsel for all the parties being present and participating, and counsel for the subpoenaed municipal utilities also being present and participating, the following action was taken:
A.
MOTION TO COMPEL PRODUCTION OF DOCUMENTS.
The Motion of Joint Intervenors to compel the production of documents from Consumers Power Company (Applicant) was denied.
The Board concluded that Applicant's present economic position and the nature of its recent activities can be adequately shown with documents covering a period commencing from January 1, l
1960 to the present date.
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B.
MOTION TO QUASII SUBPOENAS ANil INTERROG ATOlt l ES On. January 9, 1973, certain municipal utilities, twenty-one in number, filed a joint motion requesting that certain subpoenas duces tecum and interrogatories issued to them be quashed.
These twenty-one municipal utilities are non-parties to the instant proceeding.
The subpoenas and interrogatories were submitted by the Applicant.
On January 19, 1973, the Applicant filed its answer to the motion to quash said subpoenas.
After much discussion at the prehearing conference, the Board ruled that the motion to quash should be denied.
However, the Board did make certain deletions and revisions prior to ordering compliance with the subpoenas and interrogatories.
I.
SUBPOENAS FOR DOCUMENTS With respect to the documents to be produced in accordance with the subpoenas, the Board ruled that the following paragraphs of the schedule attached to the subpoenas must be complied with by the twenty-one subpoenaed municipal utilities:
Paragraphs:
1.a);
6.
- with the exception of furnish-1.b);
ing information as to State 1.c);
law or any other law; 5.a);
7.c);
5.b);
7.d);
5.c);
8.a);
9.
s
. II.
INTERROGATORIES The Board ruled that the twenty-one subpoenaed municipal utilities must mspond to the following inter-rogatories, as revised:
Interrogatories k
1.
as mod.tr.p. 235; 2; 3.; 5. as mod.tr.p. 238; 7.(a).; 9.; 10.; 16.; 17.(a).;
17.(b) as mod.tr.p. 264; 18.; 19. as mod.tr.p. 265;
- 20. as mod.tr.p. 266;
- 21. as mod. tr.
p.
271;
- 22. as mod. tr. p. 272;
- 23. as mod. tr.
- p. 273;
- 24. as mod. tr.
p.
274;
- 25. thru 27. as mod. tr. p. 276;
- 29. thru 31. as mod. tr. p. 277;
- 33. as mod. tr.
p.
278;
- 34. and 35. as mod. tr.
p.
279; 36, as mod. tr.
- p. 280;
- 39. as mod.tr.
p.
283; 40.(a). and 40.(b) as mod. tr.
- p. 284; as modified on Transcript page
3 6
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,1,p,tgerogn,tprie, (con t.li I
- 42. amt 43. as rios!. t c.
p.
Sti i.
- 44. as mod. tr.
p.
288;
- 45. thru 47; 48.
50.and 51. as mod. tr.
- p. 300;
- 52. as mod. tr.
- p. 300:
53.(a), as mod. tr.
- p. 300; 53.(b). as mod. tr.
- p. 302;
- 54. and 55. as mod. tr.
- p. 302; i
- 56. thru 60. as mod. tr.
- p. 304; I
- 64. as mod tr. p. 304;j!!
- 65. thru 70.;
- 72. as mod. tr. pp. 306-307 ;
73;
- 74. as mod. tr. p. 317 ;
- 80. thru 82.
I f
With respect to interrogatories 45., 46. and one other, the Board ruled that counsel for the subpoenaed I.
municipal utilities may file a legal brief indicating the bases for their conclusion that a confidential relationship exists which bars the production of the I
information requested in these three interrogatories.
The legal brief on the part of the municipal utilities i
must be filed no'later than February 20, 1973, and i
t
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\\; t 1 t e.in t.'. r el'l - theret4
- 1.. hist. t ihe. 1.. n.
..t t a-in.
1 1'ebrua r y 26, 1973.
I Sy the issuance of this prehearing conference order, the subpoenaed municipal utilities are herowith commanded to comply by no later than the close of business April 2, 1973, with both the subpoenas and the interrogatories, as rev ised.
The municipal utilities have until March 16, 1973, in which to take an appeal regarding the denial of the motion to quash the subpoenas and interrogatories and the Board's order directing compliance.
i Dy its ruling, the Board di[d not preclude the i
Applicant from submitting revisions to those paragraphs of the said subpoenas and interrogatories that were either re,jected or withdrawn, provided!that such submissions are i
made within a time-frame which will enable this Board to act on these revisions and permit the subpoenaed utili-ties to include any allowed items in any appeal filed by March 16, 1973.
C.
DISCOVERY The Appl icant was advised that it must furnish all documents-previously requested by the other parties,
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i f,
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-in accordance with the dificovery process, no lat.or than l
f April ", 1973.
Similarly, the Department of Justice and I
the Joint Intervenors were directed to furnish all docu-ments previously' requested by the Applicant no later than the close of business April 2, 1973.
The parties were advised by the Board that they may continue discovery up to the date of commencement of the evidentiary hearing in the instant case.
D.
HEARING f
The Board fixed June 25, 1973, as the date when the evidentiary hearing in this proceeding shall commence.
i I t was made clear to the parties that this is a firm, fixed date.
I
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i Thepartieslwereinstructedtoexchangeliststhree weeks prior to the commencement of the evidentiary hear-ing that would identify the witnesses to be called and the nature of their testimony.
In conformity with the Board's earlier.prehearing conference order, the parties were advised that trial briefs must be filed i
3 with the Board oneiweek prior'to the commencement of the evidentiary hearing.
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E.
FOURTil PREHEARINGi CONFERENCE l'
for Thepartiesagreedtoworkloutarrangements the holding of a fourth prehearing conference for the purpose of receiving into evidence various e>;h ibit.s which each of the-parties intend to offer during t.he course of the hearing.
THE ATOMIC SAFETY AND LICENSING BOARD l
~
i
.JYV., Leeds, Jr S
Hugh,K.
Clark i
l &
N, J[omeGarfinkel, pflairman i
Issued at Washington, D. C.
i.
this 1Gt.h day of February 1973.
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