ML19329E641
| ML19329E641 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 07/27/1973 |
| From: | Joseph E Pollock MICHIGAN MUNICIPAL COOPERATIVE POWER POOL, SPIEGEL & MCDIARMID |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006160422 | |
| Download: ML19329E641 (6) | |
Text
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UNITED STATES OF AMERICA ATOMIC EN'ERGY COMMISSION
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In the Matter of
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Consumers Power Company
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Docket Nos. 50-329A
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50-330A Midland Plant (Units 1 and 2)
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MOTION FOR AN EXTENSION OF TIME TO RESPOND TO SECOND ROUND OF INTER-ROGATORIES AND DOCUMENT REQUESTS DIRECTED TO INTERVENING PARTIES Pursuant to Section 2.711 of the Commission's Rules of Practice, 10 C.F.R. Part 2, Intervenors -*/request a 30-day extension of time in which to respond to the Second Round of Interrogatories and Document Requests dated July 6, 1973, and containing an answer date of August 6, 1973.
In support of the motion, Intervenors state as fallows:
1.
During the past three weeks, an inordinate
- / Coldwater, Grand Haven, Holland, Traverse City and Zeeland; the Michigan Municipal Electric Association, the Wolverine Electric Cooperative and the Northern Michigan Electric Cooperative (plus seven distribution cooperatives served by Wolverine and Northern Michigan).
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amount of time has been required to fulfill compre-hensive document requests and responses to inter-rogatories from 21 municipal non-parties who were under a subpoena to respond by July 20, 1973.
The coordination of supplying this extensive amount of information has required nearly full time of counsel.
2.
The second-round in question requires greater specificity in responding and a correspondingly longer time to supply the answers and compile the information.
We have been informed by the intervening parties in-volved that they cannot possibly meet the date of August 6, 1973.
3.
The request comes at a time when traditionally persons are out of the office on vacations.
Some have been out since the requests have been filed and others have long standing plans to leave during the period in question.
In many instances, the only person who can respond to the questions would not be available.
4.
We have been informed by counsel for Consumers Power Company of their intention to take depositions of several of the managers of the party systems during the month of August.
While we expect to cooperate fully in providing.
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a workable schedule so that all parties can be accomo-dated, this places an additional burden upon responding to the second round by August 6.
In addition, where the
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person bei'ng deposed is knowledgeable, the interrogatories directed to that system could be answered on the record.
This would considerably lessen the burden of preparing written responses 'and relieve an already extensive amount of paper to be exchanged.
5.
The proposed date of September 6, 1973 would not neces-sarily delay the hearing as it is presently scheduled, and does not extend the outer boundaries for completion of dis-covery established by the Board.
In this respect, counsel for Applicant has scheduled tentative dates for deposing witnesses in Michigan through August 31, 1973, and an addi-tional six days would not impose a formidable hardship in coordinating the information to be adduced.
6.
Intervenors would make a good faith effort to supply all the documents and responses during the period in ques-tion and these materials would be furnished to Consumers Power Company as soon as possible.
This would mean that in some instances the requests might very well be completed y-f in advance of the proposed date of September 6, 1973.
WHEREFORE, for the foregoing reasons, the Intervenors i
respectfully request that the Board grant them a 30-day extension of time for responding to the Consumers Power Second Round of Document Requests and Interrogatories, which would make September 6,
1973 the due date for responses.
Respectfully submitted,
& t.- e. P e u Jamebwtarl Pollock One of the attorneys for the Cities of Coldwater, Grand Haven, Holland, Traverse City and Zeeland; the Michigan Municipal Electric Association, the Wolverine Electric Cooperative and the Northern Michigan Electric Cooperative (plus seven distribution cooperatives served by Wolverine and Northern Michigan).
Law Offices of:
Spiegel and McDiarmid 2600 Virginia Avenue, N. W.,
Washington, D. C.
20037
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Gi~lh']-}?h UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION
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In the Matter of
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Docket Nos.
Consumers Power Company
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50-330A Midland Plant (Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that the Motion for an Extension of Time to Respond to Second Round of Interrogatories and Document Requests Directed to Intervening Parties in the above-captioned matter was served upon the following by deposit in the United States mail, first class or air mail, this 27th day of July., 1973.
Alan Rosenthal, Esquire, Chairman Jerome Garfinkel, Esquire, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board U. S. Atomic Energy Commission U. S. Atomic Energy Commission 1717 H Street, Northwest 1717 H Street, Northwest Washington, D. C.
20545 Washington, D. C.
20545 Abraham Braitman, Chief Mr. Frank W. Karas, Chief Office of Antitrust and Public Proceedings Branch and Indemnity Office of the Secretary U. S. Atomic Energy Commission U. S. Atomic Energy Commission 1717 H Street, Northwest 1717 H Street, Northwest Washington, D. C.
20545 Washington, D. C.
20545 Robert J. Verdisco, Esquire Atomic Safety and Licensing Counsel for AEC Reg. Staff Board Panel U. S. Atomic Energy Commission U. S. Atomic Energy Commission 1737 H Street, Northwest 1717 H Street, Northwest Washington, D. C.
20545 Washington, D. C.
20545 M
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Harold P.' Graves, Esquire Mr. James B. Falahee Vice Pres. & General Counsel General Attorney j
Consumers Power Company Consumers Power Company 212 West Michigan Avenue 212 West Michigan Avenue Jackson, Michigan 49201 Jackson, Michigan 49201 Wallace E. Brand, Esquire Joseph J. Saunders, Esquire Antitrust Public Counsel Antitrust Division Department of Justice Department of Justice Post Office Box 7513 Post Office Box 7513 Washington, D. C.
20044 Washington, D. C.
20044 Joseph Rutberg, Esquire Honorable Frank Kelly I
U. S. Atomic Energy Commission Attorney General State of Michigan 7920 Norfolk Avenue Bethesda, Maryland Lansing, Michigan 49813 Dr. J. Venn Leeds, Jr.,
Hugh K. Clark, Esquire Post Office Box 941 Post Office Box 127 A Kennedyville, Maryland 21645 Houston, Texas 77001 William T. Clabault, Esquire William W. Ross, Esquire David A. Leckie, Esquire Wald, Harkrader and Ross 1320 - 19th Street, Northwest Department of Justice Antitrust Division Washington, D.
C.
Post Office Box 7513 Washing on, D. C.
20044 W
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Jamed-barl Pollock One of the attorneys for the Cities of Coldwater, Grand Haven, Holland, Traverse City and Zeeland; the Michigan Municipal Electric Law Offices of:
Association, the Wolverine Electric Spiegel and McDiarmid Cooperative and the Northern Michigan Electric Cooperative (plus seven 2600 Virginia Ave., N. W.
distribution cooperatives served by W shington, D. C.
20037 a
Wolverine and Northern Michigan).
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