ML19329E666
| ML19329E666 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 03/27/1973 |
| From: | Joseph E Pollock MICHIGAN MUNICIPAL COOPERATIVE POWER POOL, SPIEGEL & MCDIARMID |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006160445 | |
| Download: ML19329E666 (5) | |
Text
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MITED STATES OF AMERICA BEFORE THE yJ7 ATOMIC ENERGY COMMISSION
)
In the Matter of
)
3 Consumers Power Company
)
Docket Nos 50-329A (Midland Plant, Units 1 and 2)
)
'5GC3'30A
)
MOTION TO COMPEL THE PRODUCTION OF INDEX To:
Jerome Garfinkel, Esquire, Chairman, Atomic Safety and Licensing Board.
!/
Intervening Municipal / Cooperatives and the Michigan Municipal Electric Association respectfully requests the Presiding Officer, or the Board, to compel Consumers Power Company to produce an index or some reasonable identification of the discovery documents which Consumers Power Company has furnished in response to the joint request.
At a minimum the document should be referenced to the document request (s) to which it is meant to be responsive. Otherwis e, there is no 11/
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practical way to identify the docuSEuts.
In support of this motion, Intervenors state the following:
l.
Informal requests-for some method of identifying the Consumers Power Company documents have been refused (see copies of letters attached).
2.
Intervenors have agreed to furnish an index 1/The Municipals of Coldwater, Grand Haven, Holland, Traverse City and Zeeland; Wolverine Electric Cooperative, Northern Michigan Electric Coope rative.
$$/It is inconceivable to us that Consumers Power did not have to have some such list in order to respond to the document request.
880eien 995
/27 a
A n% '
to the documents and interrogatories furnished in response to the Consumers Power Company's Request for Dcoumonts and
/
Interrogatories.
3.
The documents furnished by Consumers Power Company are not susceptible to any chronological order, subject,or other identification,cxcept that which appears on the face of each document. It is thus impossibic to ascertain the extent o f compliance.
4.
Without some method by which the Consumers Power company documents can be identified as being responsive to one or more of the requests, the statement that Consumers Power Company has "substantially complied" is utterly ambiguous and susceptible to wide interpretation.
WIIEREFORE, for the foregoing reasons, Intervenors request that the Board, or the Presiding Officer thereof, order Consumers Power Company to produce an index,or some reasonable substitute, which clearly indicates the response to which each document is supplied.
Respectfully submitted,
_ GM PMc-Law Offices Of:
() James Carl Pollock George Spiegel Attorney for Intervonors 2600 Virginia Avenue, N.W.
Washington, D. C. 20037 s
--n,.
UNITED STATES OF AMERICA h
BEFORE THE ATOMIC ENERGY COMMISSION
)
In the matter of
)
Consumers Power Company
)
Docket Nos. 50-329A (Midland Plant, Units 1 and 2) )
50-330A
)
AFFIDAVIT DISTRICT OF COLUMBIA, SS:
James Carl Pollock, being first duly swont, deposes and says that he is the attorney for Intervening Municipals of Coldwater, Grand Haven, Holland, Traverse City and Zeeland, Intervening Wolverine Electric Cooperative, Northern Michigan Electric Cooperative and the Michigan Municipal Electric Association and that as such he has signed the foregoing Motion to Compel the Preduction of Index for and on behalf of said parties; that he is authorized so to do; that he has read said Motion and is familiar with the contents thereof; and that the matters and things therein set forth are true and correct to the best of his knowledge, information or belief.
hw GA \\% w Jdmes Carl Pollock i
Law Offices Of:
George Spiegel l
2600 Virginia Avenue, N. W.
Washington, D. C. 20037 I
I Subscribed and sworn to before me l
this '7th day of March, 1973.
(l.( 1sf ry,La j
(
1 l 2 CA /
Notary'Publi%
My Commission Expires September 30, 1974
T'
.4 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION 4
)
In the Matter of
)
Consumers Power Company
)
Docket Nos. 50-329A (Midland Plant, Units 1 and 2) )
50-330A
)
CERTIFICATE OF SERVICE i
I hereby certify that the Motion to Compel The Pro-4 4
duction of Index, in the above captioned matter, was served on this 28th day of March, 1973, upon the following by mailing a copy, first class postage prepaid to:
Algie A. Wells, Esq.
Joseph Rutberg, Esq.
I i
, Atomic Safety and Licensing Atomic Energy Commission Board Panel 7920 Norfolk Avenue U. S. Atomic Energy Commission Bethesda, Maryland j
Washington, D. C. 20545 Joseph J. Saunders, Esq.
Jerome Garfinkel, Esq.
Department of Justice Chairman, Atomic Safety &
Antitrust Division Licensing Board Washington, D. C. 20530 Atomic Energy Commission
}
Washington, D.
C. 20545 Harold P. Graves, Esq.
V.P.
and General Counsel Abraham Braitman, Chief, Consumers Power Co.
Office of Antitrust and 212 West' Michigan Avenue Indemnity Jackson, Michigan 49201 Atomic Energy Commission Washington, D.
C.
20545 l
William Warfield Ross, Esq.
Wald, Harkrader, Nicholson Mr. Frank W. Karas, Chief
& Ross Public Proceedings Branch 1320 --19th Street, N. W.
Office _of the Secretary Washington, D. C.
20036 4tomic Energy Commission Washington, D.
C.
20545
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Wallace Edward Brand, Esq.
Antitrust Public Counsel Post Office Box 7513 Washington, D. C.
20044 Dr. J. Venn Leeds, Jr.
P. O. Box 941 Houston, Texas 77001 Hugh K. Clark, Esq.
P. O. Box.127A Kennedyville, Maryland 21645 r
Honorable Frank Kelly Attorney General, State of Michigan Lansing, Michigan 48913 Atomic Safety & Licensing Board Panel U.S. Atomic Energy Commission Washington, D. C.
20545 William T. Clabault, Esq.
2
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David A.
Leckie, Esq.
Antitrust Division Departnant of Justice
- e. O. Box 7513
- Washington, D. C. 20044 Robert J.
Verdisco, Esq.
Counsel for AEC Regulatory Staff U. S. Atomic Energy Commission Washington, D. C.
20545 Mr. James B. Falahee, General Attorney Consumers Power Company 212 West Michigan Avenue
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Jackson, Michigan 49201 Ca bh-1 dades Carl Pollock Attorney for Inbervenors Law Offices Of:
George Spiegt-1 2600 Virginia Avenue, N. W.
Washington, D. C.
20037 t
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