ML19329E673
| ML19329E673 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/11/1973 |
| From: | Joseph E Pollock MICHIGAN MUNICIPAL COOPERATIVE POWER POOL, SPIEGEL & MCDIARMID |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19329E670 | List: |
| References | |
| NUDOCS 8006160449 | |
| Download: ML19329E673 (4) | |
Text
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UNITED STATES OF AMERICA ATOMIC ENERGY 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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(Midland Plant, Units 1 and 2
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50-330A
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REQUEST FOR CLARIFICATION OF ORDER RULING ON APPLICANT'S OBJECTIONS TO DOCUMENT REQUESTS, THE DEPARTMENT OF JUSTICE'S MOTION TO COMPEL THE PRODUCTION OF FOUR CATEGORIES OF DOCUMENTS, AND APPLICANT'S MOTION FOR PROTECTIVE ORDERS TO:
Jerome Garfinkel, Chairman, The Atomic Safety and Licensing Board The Intervenersi/ in the above-captioned proceeding, through their attorneys, respectfully requests clarification of the Beard's order issued November 28, 1972 with respect to the following matters:
1.
On November 1, 1972, Interveners filed their
" Answer of Interveners to Applicant's Objection
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Electric Departments or Boards of Public Works of Holland, Grand Haven, Zeeland, Coldwater and Traverse City, Michigan; Northern Michigan Electric Cooperative, Wolverine Electric Cooperative, and the Michigan Municipal Electric Associa-tion.
8006160 h%
to Document Requests and Motion for Protective Order".
In this answer the Interveners moved the Board with respect to the production of several categories of documents,I./
ut the Order b
i of November 28, 1972 fails to indicate whether or not these motions were granted or denied.
t 2.
Appendix "B", attached to the above answer,was l
a letter from Mr. Fairman to Mr. Ross, dated September 21, 1972, which listed seven specific document requests predating 1960.
In their
" Answer", Int _rve! rs moved the Board to order production of these documents but the November 28, 1972 Order did not specifically grant this J
motion.
Consumers Power objected to producing these documcats in the Applicant's Objection to Document Requests and Motion for Protective Order dated October 26, 1972 (pages 16 - 21).
3.
The date for completion of discovery by parties
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Applicant's Reply To The Answers of the Department of Justice and the Interveners, dated November 15, 1972, specifically noted that the Department of Justice and the Interveners raised different points and characterized the two answers as " Answer I" and " Answer II" (page 1)..
has been informally extended by the Board beyond February 16, 1973.
This extension will allow adequate time for Consumers Power Company to produce the documents requested should the Board grant these motions by Interveners.
WHEREFORE, for the foregoing reasons, the Interveners respectfully request the Chairman to clarify the Board's order and grant the motions of Interveners as filed on 1 November 1972.
Respectfully submitted, n Cv t. P&
James' Carl Pollock One of the Attorneys for Traverse City Light and Power Department, Grand Haven Board of Light and Power, Holland Board of Public Works, Zeeland Board of Public Works, Cold-water Board of Public Utilities, Northern Michigan Electric Co-operative Inc., Wolverine Elec-tric Cooperative Inc., and Michigan Municipal Electric Association.
January ll, 1973 Law Offices of:
George Spiegel 2600 Virginia Avenue, N. W.,
Washington, D.
C.
20037 i l l
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AFFIDAVIT DISTRICT OF COLUMBIA, ss; i
James Carl Pollock, being first duly sworn, deposes and says that he is an attorney for Traverse City Light and Power Department, Grand Haven Board of Light and Power' Holland Board of Public Works, Zeeland Board of Public Works, Coldwater Board of Public Utilitiec, Northern Michigan Electric Cooperative Inc.,
Wolverine Electric Cooperative Inc., and Michigan Municipal Elec-tric Association; and that as such he has signed the foregoing Request of Clarification of Order Ruling on Applicant's Objec-tions to Document Requests, the Department of Justice's Motion to Compel the Production of Four Categories of Documents, and Applicant's Motion for Protective Orders for and on behalf of said parties; that he is authorized by them so to do; that he has read said Request and is familiar with the contents thereof; and that the matters and things therein set forth are true an'd correct to the best of his knowledge, information or belief.
Cut Pm w
Jaks. Carl Pollock Subscribed and sworn to befor me this llth day of January, 1973.
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Notary,Public i
l My commission expires September 30, 1974.
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