ML19329E211
| ML19329E211 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 09/06/1973 |
| From: | Brand W JUSTICE, DEPT. OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006110616 | |
| Download: ML19329E211 (5) | |
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UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos.
-32 (Midland Plant, Units 1 and 2 - )
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DEPARTMENT OF JUSTICE PETITION TO THE BOARD FOR ORDER ESTABLISHING A MICHIGAN LOCATION FOR HEARING FOR TAKING TESTIMONY OF MICHIGAN WITNESSES To che Atomic Safety and Licensing Board:
The Department respectfully requests that the Board establish Lansing, Michigan, as the place for taking testimony of local witnesses residing in Michigan other than hired con-sultants (and of 'three local witnesses associated therewith as more fully explained below).
Chairman Garfinkel, at the Prehearing Conference of July' 12, 1972, stated the Board's preference for " live" testimon'y
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and suggested a hearing in Michigan to accommodate local witnesses.
(Tr. 82, 83)
At the more recent informal conference of July 6, 1973, counsel was advised that it would be appropriate to file a motion 'or ' petition in that regard..This filing is in accordance with the Board's suggestion.
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Three local witnesses to be sponsored partake of the character of outside consultants.
These are engineers who will sponsor workpapers utilized by the Department's engineering consultant Helfman for his studies.
We have attempted to work out appropriate arrangements with Applicant's counsel to have these three, namely Messrs. De Boe, Rainson and Hodge testify in Michigan, but acquiesce in Applicant's desire to linit testimony in Michigan to those who are not outside consultants or the three local witnesses associated therewith.
Nor do we include in the category of " local witnesses" Professor Harold Wein, the Department's economist, even though he resides in the suburbs of Lansing, Michigan.
Many of the local witnesses are heads of small Michigan electric utility systems and it would be a substantial burden on them personally and on their systems to be required to participate in a hearing in Washington.
Wherefore the Department requests that the Board schedule its first hearing in Lansing, Michigan (which is centrally located), for the purpose of taking testimony _ of local Michigan witnesses except those who are outside consultants, namely Messrs. Mayben, Helfman and Wein, and the three foregoing' I
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4 witnesses whose testimony will sponsor engineering data'used by one of such outside consultants.
Counsel for intervenor joins in this motion.
Counsel for Applicant has advised that
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while they do not oppose a limited hearing in Michigan to accom-modate local witnesses, they would prefer to make such F1chigan hearing of a shorter duration than would accommodate the tak-ing of testimony of all the local witnesses presently scheduled.
Respectfully submitted, c
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. WALLACE E. BRAND Attorney, Antitrust Division Department of Justice Washington, D. C.
September 6,1973 e
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UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION In the Fhtter of
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3 Docket Nos. 50'329A CONSUMERS POWER COMPANY (Midland Plant, Units 1 and 2)
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50-330A CERTIFICATE OF SERVICE I hereby certify that copies of DEPARTMENT '0F JUSTICE PETITION TO THE BOARD FOR ORDER ESTABLISHING A MICHIGAN LOCATION FOR HEARING FOR TAKING TESTIMONY OF MICHIGAN WITNESSES, dated September 6,1973, in the above-captioned matter have been served on the following by deposit in the United States mail, !:mnt ' J_ ass or air mail, this 6th day of September,1973:
Honorable Jerome Garfinkel Mr. Frank W. Karas, Chief Chairman, Atomic Safety and Public Proceedings Branch Licensing Board Office of the Secretary of U. S. Atomic Energy Commission
'the Commission Washington, D. C.
20545 U. S. Atomic Energy Commission Washington, D. C.
20545 Honorable Hugh K. Clark Atomic Energy Ccomission William W. Ross, Esquire,
Post Office Bo:: 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 Cc= mission Post Office Bo:: 941 Harold P. Graves, Esquire Houston, Texas 77001 Vice President and General Counsel Consumers Power Company Atomic Safety and Licensing 212 West Michigan Avenue Board Panel Jackson, Michigan 49201 U. S. Atomic Energy Commission Washington, D. C.
20545 Rob'ert A. Jablon, Esquire James C. Pollock, Esquire Chairman, Atomic Safety and Spiegel and McDiarmid Licensing Appeals Board 2600 Virginia Avenue, N.W.
U. S. Atomic Energy Commission Washington, D. C.
20037 Washington, D..C.
20545 Joseph Rutberg, Esquire Mr. Abrcham: Brait=an, Chie f
~ Benjamin H. Vogler, Esquire Office of Antitrust and Inde=nity Antitrust Ccunsel for AEC U. S. Atomic Energy Commission Regulatory Staff Washington, D. C.
20545 U. S. Atomic Energy Commission Washington, D. C.
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Honorable Frank Kelly Attorney General State of Michigan Lansing, Michigan 48913 l
WALLACE E. BRAND Attorney, Antitrust Division
' Department of Jus tice Washington, D. C.
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