ML19329E516

Documents Understanding of Method of Response to Subpoena Per Agreement W/Jd Pace,Util Consultant.Util Intends to Depose Daverman on 730914 in Traverse City,Mi.Certificate of Svc Encl

ML19329E516
Person / Time
Site:	Midland
Issue date:	08/24/1973
From:	Joseph E Pollock SPIEGEL & MCDIARMID
To:	Daverman R DAVERMAN ASSOCIATES, INC.
References
NUDOCS 8006160315
Download: ML19329E516 (4)

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, .. s law orricts SPIEGEL & MCDI AltatID 2600 VIRGINI A AVENUE,N W.

WASHINGTON. O. C. 2003' 6tcKot SPitott costaf C uco""'" August 24, 1973 CANDRA J STRestL E3;tGT A. JASLON TELEPMoNE (202) 333 0860 Jsuta N woRwooo JAMES CARL PoLLOCM Mr. R. J. Daverman Daverman Associates, Inc.

200 Monroe, N. W.

Grand Rapids, Michigan 49502 -

Re: Production of Documents and Depositions - AEC 50-329A 50-330A

Dear Mr. Daverman:

This letter will reflect the matters discussed by-telephone on August 22, 1973, between yourself and the undersigned, and particularly with respect to an agreement reached between yourself and Dr. Joseph Pace of National Economics Research Association, which firm is retained by Consumers Power Company as consultants in the Midland Plant case before the Atomic Energy Commission. The following represents my understanding of how you intend to respond to the subpoena:

1. You and your staff will commence immediately to prepare a list of the studies and reports contained in your files covering the period January 1, 1960 to July 31, 1973.

In addition, where the document title is not helf-explanatory, you are to provide a brief description of the intent or purpose of the document. As reasonable lists are compiled they will be forwarded to our office for transmittal to counsel for Consumers Power Company.

2. Upon request by NERA, or counsel for Consumers Power Company, directed through our office, you will provide one copy of any document to NERA. It is understood that you will be reimbursed at the rate of ten cents (10 cents) per page for any copies requested.

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l Mr. R. J. Davennan August 24, 1973 i

3. Because the compilation of this list requires an extensive file search, both of current as well as dead storage file, you have maintained that you cannot complete this task before September 11, 1973. However, as the searches progress, you will forward lists at regular intervals so that examination and selection of documents can proceed. This period for completion represents only 12 working days, counting today, and considering the extensive amounts of documents encompassed in this 13-year period, the number of clients involved, and the lateness of the request, you consider this the absolute minimum in which the list can be completed.

4. Your agreement with Mr. Pace excluded the listing of work papers and notes connected with the studies and reports and you are only to list the end-result document. The list will also not include correspondence, unless such correspondence is an integral part of a report or study, or should actually be the report or study.

5. There are three categories of documents which are to be excluded and are identified as follows:

(a) Documents which were prepared for or on behalf of the intervening systems for use in AEC Docket No. 50-329A and 50-330A, including any work-product prepared for the Department of Justice relating to this case.

(b) Documents which were prepared for or on behalf of the intervening systems for use in FPC Docket

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No. E-7803, involving the current rate increase by Consumers Power Company.

(c) Documents prepared for or on behalf of the systems comprising the Michigan Municipal Coopera-tive Power Pool in connection with negotiations between those systems and Consumers Power Company with respect to the current power supply contract.

With respect to the above categories, you will estimate the total number of documents involved, along with an estimated page count, and provide this information with the list of identified documents.

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", 1 3 -r Mr. R. J. Daverman . August 24, 1973 You have requested that I represent you in this matter and in addition trat I represent you if you are deposed by consumers Power Company. I have been informed by counsel for Consumers Power Company of their intention to depose you on September 14, 1973 at Traverse City, Michigan, but no formal notice has been filed as of this date. However, any further discussions with you by Conswmers Power Ccmpany, their counsel or consultants should first be cleared through our office.

If any of tne above does not clearly represent your understanding of your agreement with Dr. Pace with respect to the subpoena, please inform me immediately so that I can notify the Atomic Safety and Licensing Board and counsel reprecenting the parties.

Very truly yours, James Carl Pollock cc: Board Members Wallace Brand, Esquire Joseph Rutberg, Esquire Keith Watson, Esquire

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

} Docket Nos. 50-329A CONSUMERS POMER COMPANY ) 50-330A LMidland Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of SUPPLEMENTAL MEMORANDUM TO APPLICANT'S RESPONSE TO MOTION TO QUASH DAVERMAN SUBPOENA, dated October 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 13th day of October, 1973:

Jerome Garfinkel, Esq. , Chairman Dr. J. V. Leeds, Jr.

Atomic Safety and Licensing Board P. O. Box 941 Atomic Energy Commission Houston, Texas 77001 Washington, D. C. 20545 William T. Clabault, Esq.

Hugh K. Clark, Esq. Joseph J. Saunders, Esq.

P. O. Box 127A David A. Leckie, Esq.

Kennedyville, Maryland 21645 Public Counsel Section Antitrust Division James Carl Pollock, Esquire Department of Justice 2600 Virginia Avenue, N.W. Washington, D. C. 20530 Washington, D. C. 20037 Joseph Rutberg, Jr., Esq.

Antitrust Counsel for AEC Regulatory Staff Atomic Energy Commission Washington, D. C. 20545 Wallace E. Brand, Esq.

Antitrust Public Counsel Section P. O. Box 7513 Washington, D. C. 20044 Atomic Safety and Licensing Board Atomic Energy Commission Washington, D. C. 20545 Keith S. Watson