ML19329E633
| ML19329E633 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 08/03/1973 |
| From: | Jablon R MICHIGAN MUNICIPAL COOPERATIVE POWER POOL, SPIEGEL & MCDIARMID |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006160414 | |
| Download: ML19329E633 (5) | |
Text
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION
)
In the Matter of
)
)
Consumers Power Company
)
Docket Nos.
0-329A
)
5-OA (Midland Plant, Units 1 and 2)
)
)
REQUEST FOR RULING i
Consumers Power Company has informally requested that 1
the following witnesses appear for depositions :
Mr. John Keen, Wolverine Elec. Coop. Inc.,
Bay City Mr. A. E. Steinbrecher, Northern Mich. Elec. Coop.,
Boyne City Mr. Roger Westenbroek, Top-O-Michigan Elec. Coop.,
Boyne City Mr. Bernard Kline, Northern Mich. Elec. Coop.,
Boyne City Mr. Lawrence Savage, Traverse City Mr. E. Harold Munn, Coldwater Mr. A. L. Edwards, Grand Haven Mr. R.
Riemersma, Holland Mr. Bernard Wilson, Bay City Mr. Earl Brush, Lansing j
Mr. Warren D. Sundstrand, Paw Paw Many of these proposed deponents either are officials or former officials of intervening parties or proposed witnesses and there-fore we make no objections to their being deposed.
However, Mr.
8006160 fy A
.A,
i m
1 Earl Brush and Mr. Bernard Wilson are neither connected with l
a party nor a prospective witness and both object to being l
deposed.
While we do not object to non-party depositions, in the circumstances of this case we object to calling these wit-i nesses.
Consumers Power Company requested and was granted subpenas duces tecum against the non-parties.
Subsequently l
in the context of the vigorous objections of the non-parties to any extensive discovery upon them, Consumers Power Company agreed that responses to document requests and interrocatories should be written.
Upon request of the Appeals Board, Consumers Power Company agreed to a procedure further limiting discovery.
l The Company did not reserve the right to take depositions against the non-parties or mention its intent to do so.
Such attempt now would be contrary to the purpose of the agree-ments, which specifically provided a means o'f discovery and limited future discovery.
Moreover, considering that the scope of discovery was confined in order to prevent burden i._
F
.g,
on the non-parties, for Consumers Power Company to now attempt a different form of discovery in addition to that which it has been granted would negate the whole purpose of prior agreements.
We attach copies of the agreements.
Respectfully submitted, fw/A_,
Al f h
r,--.
Robert A. Ja61on One of the attorneys for the j
Municipals of Coldwater, Grand Haven, Holland, Traverse City and Zeeland; the Michigan Muni-cipal Electric Association; Northern Michigan Electric Co-operative, the Wolverine Electric Cooperative, Inc., and appearing specially for the cities of Lansing and Bay City, Michigan.
August 3, 1973 Law Offices of:
Spiegel and McDiarmid 2600 Virginia Avenue, N. W.,
Washington, D. C.
20037
s 3
UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION
)
In the Matter of
)
)
Consumers Power Company
)
Docket Nos. 50-329A
)
50-330A (Midland Plant, Units 1 and 2) )
)
CERTIFICATE OF SERVICE I hereby certify that the foregoing document in the above-captioned matter was served on the following by deposit in the United States mail, first class or air mail, this 3rd day of August, 1973.
Honorable Alan S. Rosenthal, Chairman Joseph Rutberg, Esquire Atomic Safety & Licensing Bd. Panel Atomic Energy Commission U. S. Atomic Energy Commission 7920 Norfolk Avenue Washington, D. C. 20545 Bethesda, Maryland Wallace E. Brand, Esquire Abraham Braitman, Chief Antitrust Public Counsel Office of Antitrust and Department of Justice Indemnity Post Office Box 7513 U. S. Atomic Energy Comm.
Washington, D. C. 20044 Washington, D. C.
20545 Joseph J.Saunders, Esq.
Mr. Frank W. Karas, Chief Department of Justice Public Proceedings Branch Antitrust Division Office of the Secretary Washington, D. C.
20530 Atomic Energy Commission Washington, D. C.
20545 O
m Jerome Garfinkel, Esq., Chairman Harold P. Graves, Esquire Atomic Safety & Licensing Board Vice Pres. and Gen. Counsel U. S. Atomic Energy Commission Consumers Power Company Washington, D. C.
20545 212 West Michigan Avenue Jackson, Michigan 49201 William W.
Ross, Esquire Wald, Harkrader and Ross Hugh K. Clark, Esquire 1320 - 19th Street, N. W.,
P. O. Box 127-A Washington, D. C. 20036 Kennedyville, Maryland 21645 Dr. J. Venn Leeds, Jr.,
Honorable Frank Kelly Post Office Box 941 Attorney General
- Houston, State of Michigan Texas 77001 Lansing, Michigan 49813 Robert J. Verdisco, Esquire Mr. James B. Falahee Counsel for AEC Regulatory General Attorney Staff Consumers Power Company U. S. Atomic Energy Commission 212 West Michigan Avenue Washington, D. C.
20545 Jackson, Michigan 49201 William T. Clabault, Esquire Atomic Safety and Licensing j
David A. Leckie, Esquire Board Panel
~
Department of Justice U. S. Atomic Energy Commission Antitrust Division Washington, D. C.
20545 Post Office Box 7513 Washington, D. C. 20044 r +A N Robert A.FJablon One of the attorneys for the Municipals of Coldwater, Grand Haven, Holland, Traverse City, and Zeeland; the Michi-gan Municipal Electric Association; Northern Michigan Electric Cooperative, the Wolverine Electric Cooperative, Inc.,
and appearing specially for the Citie s of Lansing and Bay City, Michigan.
Law Offices of:
Spiegel and McDiarmid 2600 Virginia Avenue, N. W.,
Washington, D. C.
20037. _ _
.