ML19329E743
| ML19329E743 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/09/1973 |
| From: | Joseph E Pollock, Spiegel G MICHIGAN MUNICIPAL ELECTRIC ASSOCIATION, SPIEGEL, G. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19329E744 | List: |
| References | |
| NUDOCS 8006170900 | |
| Download: ML19329E743 (38) | |
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IhaJ p,;m.Tp.U3T, UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
)
Consumers Powei Company
)
Docket No 50-329A )
u (Midland Plant Units 1 and 2
)
0-330A TO:
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board MOTION TO QUASH SUBPOENAS Consumers Power Company (" Consumers Power" or "Com-pany") made application for and received the issuance of Subpoenas Duces Tecum to 21 municipalities which are members of the Michigan Municipal Electric Association.
These 21 non-party municipalities, through their attorneys, pursuant to Section 2.720 (f) (1) of the Atomic Energy Com.ission's Rules of Practice (10 CFR Part 2), move the Chairman to
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quash these subpoenas and the attached document requests and interrogatories because:
(a) they are not relevant to the matters in controversy as defined by the Board, (b) they represent an attempt to obtain full-blown discovery of non-parties not per-mitted by either the Commission's Rules 8006170 y O C
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. r.
of Practice or the Federal Rules of Civil Procedure, and (c) they would impose undue burden and expense amounting to harrassment.
INTRODUCTORY STATEMENT Consumers Power attempts to subpoena numerous non-party small municipalities with a shopping list of interroga-tories which obviously would require great cost and would cause great burden to answer.
The justification for this is set forth in two paragraphs of their application, containing broad genera-lities, and whose thrust is, "Since the Department of Justice alleges that Applicant has a monopoly of bulk power generation and transmission in some areas of the lower Michigan peninsula, Applicant requires information and data about every lower Michi-gan municipal system in order to prepare its care herein.
Applicant's contentions relating to the economic and competitive viability of these smaller systems require examination of each such system, since preliminary analyses suggests that each sys-tem and the market it serves may have certain unique economic and competitive characteristics."
Application, pp.
2-3.
Ap-plicant also states that it needs "to establish the relevant product and geographic market boundaries
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seeks.
Neither the intervening parties
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nor the Atomic Energy Commission's..regu-latory.staffJenlarce this scope.
- Hence, the scope of relevant matters in contro-versy is as herein outlined."
(emphasis added)
Within these narrowly defined issues only two questions would appear to be relevant, namely (a) Did Consumers Power deny access to coordination, and (b) Was this ac-cess denied the municipality being deposed?
Anything which does not relate to these two question: would clearly not be relevant matters in controversy.
2.
An analysis of Appendix A reveals that only two of the document requests relate in any way to relevant matters in controversy.
The following table capsulizes the document requests and graphically demonstrates the non-relevance as well as extensive burden and expense imposed on the munici-palities to search for, assemble and reproduce the documents requested from January 1, 1960 to date.
Document Request No.
Document Requested 1
System's financial, operating, load and capacity reports submitted to FPC, MPSC or others; public reports or writings on financial or operating con-dition; all rate schedules, contracts, terms of service for each customer class; fuel, purchased power, materials, commodity, tax, wage or other clause in each rate schedule or contract.
Y Document Request No.
Document Requested 2
Names and addresses of system's customers served under any other rate schedule including each cus-tomer's annual peak demand and KWH consumption and gross revenues from each customer.
3 System's cost of service studies, bill frequency analyses, cost or profitability analyses by cus-tomer class and/or for the system, including studies presently being prepared.
4 Documents relating in any way to suggestiens or re-quirements that customers served with other utility services also purchase electricity; documents re-lating to municipal ownership of electric utility, industrial development, municipal tax rates, monies or services provided to any other municipal depart-ment; documents relating to loss of customers, re-fusal to serve customers, or to any territorial gains.
5 Documents relating to future developments of the system, its revenues and profits, numbers of cus-tomers; documents relating to economic studies or promotion of commercial or industrial customers, refusal to serve customers, or to serve customers receiving service from another utility.
6 Cites and copies of each municipal bond indenture, municipal ordinance, state or local laws or regu-lations which restricts systam construction of faci-lities, sharing ownership with other utilities, in-terconnection with other utilities, coordination or integration with other utilities.
7 Documents relating to costs of electricity and costs of meeting energy demands past and future; feasi-bility of additional generating facilities, feasi-bility of providing service to customers with demand of 500 KW or more.
.c Document Request No.
Document' Requested 8
Copies of all coordinating, integrating, exchange of power with any utility contracts, agreements or understandings but excluding Consumers Power; pro-spectus or report s to SEC or public.
9 Documents including correspondence relating to mem-bership or exclusion from membership in any bulk power supply coordination group.
10 System's organization chart.
11 Documents relating to promotional activities for industrial development of the municipality; and documents relating to any approach or contact with potential customers.
12 System's charter and any document including statutes which authorizes system to operate, and also all rules, regulations or by-laws including amendments.
13 Copies of each ordinance requiring customers within or without corporate limits to purchase electricity from the system.
As the above table indicates, only document requests 8 and 9 re-late to the relevant matters in controversy as defined by the Board.
3.
Appendix B is a copy of the " Initial Interrogatories as pro-pounded to the 21 municipalities.
For the convenience of the Chairman, and to demonstrate the non-relevance of the so-called Consumers Power " Initial Interrogatories", we have prepared the following table which also serves to graphically illustrate the a
c.
scope, burden and expense imposed on the 21. municipalities to search for, analy=e, assemble and prepare the data re-quested.
Interroga-tory Number
'Information Requested
- 1 System's customer characteristics for each rate schedule.
- 2 Rate schedules, tariffs, etc; names and addresses of customers, gross annual revenues, etc.
- 3 Proposals to customers - special rates.
- 4 Adjustment levels - fuel, purchased power, materials, commodity, tax, wage adjustment clauses or surcharge l
for June and January.
- 5 Changes to rates and tariffs - effect on revenues.
- 6 Typical not monthly bills for 6 classes of residential; 5 classes of commercial; 12 classes of industrial cus-tomers.
- 7 Names and addresse's of 5 largest commercial and 5 lar-gest industrial customers and annual KWH sales; annual revenues; peak demand and month of peak and customers demand in month of system's peak; annual load factors; applicable rate schedules; minimum monthly charges; voltage at which service was delivered (for each town-ship or incorporated area).
- 8 Length and voltage of each line and cost to serve cus-tomers in # 7.
- 9 Industrial Development by the system or municipality.
- 10 Encouragement of Commercial / Industrial Development in-cluding ad brochures and correspondence.
- 11 Names and addresses of each Commercial / Industrial or potential customer contacted..-
Interroga-tory Number Information Recuested
- 12 Ordinance or other documents requiring purchase of electricity.
- 13 Conditions for receiving water / sewage that customer can buy electricity; discounts, etc.
- 14 Current and past tax rates on real estate, personal property, gross receipts, income levied within the community.
- 15 Values of real estate assessments.
- 16 System's operating revenue.
- 17 System's operating expenses.
- 18 System's annual depreciation and amortization expenses and basis for calculating.
- 19 Taxes paid by electric system, date paid, to whom,etc.
- 20 Amount of tax equivalents and services provided in-cluding values, etc.
- 21 Cost and estimated value of services donated to muni-cipality, amounts and dates paid, how determined.
- 22 Total funds transferred by system to the municipality, dates, accounts, etc.
- 23 KWH supplied to and revenues derived from municipality.
- 24 Price /KWH paid by municipality.
- 25 System's total electric plant in service, depreciation and not plant.
- 26 System's total transmission plant in service, depre-ciation and not plant, basis for classifying.
- 27 System's total distribution plant in service, depre-ciation and net plant, basis for classifying.,
o Interroga-tory Number Information Requested 28 (no interrogatory)
- 29 System's total outstanding long term debt, type, dates, interest, etc.
- 30 System's total outstanding short term debt. type.
dates, interest, etc.
- 31 Total interest on short and long term debt; amount attributed to ocerating expense.
32 Interest rate on most recent bond-maturity date.
33 Most recent credit rating of system or municipality.
- 34 Construction work in progress for each year.
- 35' Customer contributions to plant construction.
- 36 Customer accounts ; administrative and general; dis-tribution, transmission, production, operation and I
maintenance expenses.
- 37 Changes in record keeping, accounting or reporting I
and show comparisons to answers in # 16 through 36.
- 38 other utilities supplied by the municipality, cost allocations, and basis.
- 39 Annual KWH sales; average and year-end customers; annual revenues by class of customer - both inside and outside corporate limits.
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- 40 Basis used for classifying customers in # 39.
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- 41 Customers served by more than one meter or more than one rate schedule.
'24 2 Basis used to classify customers in FPC forms and details of any changes..
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Interroga-y tory Number
Information' Requested
- 43 Number and KWH sales by customer class as reported to FPC.
- 44 Customers served by more than one meter or more than one rate schedule in # 43.
4
- 45 Ten largest commercial and ten largest industrial customers who ceased taking service and reasons during the 12-year period for each township or in-corporated area; transfers of facilities, etc.
i
- 46 Ten largest commercial and ten largest industrial j
customers who began taking service, including de-tails of relocation, etc., during the 12-year period, furnish dates, transfer of facilities, etc.
- 47 System's refusal to serve commercial / industrial cus-tomers and names and addresses of customers, including details.
- 48 System's changes in territory, classes and numbers of customers affected by each change.
- 49 Draw maps of system facilities with details or pro-vide comparable documents.
J
- 50 Studies of inquiries relating to capabilities or economic growth of municipality.
- 51 System's net generating capacity in KW at each year end.
- S2 System's total KWH generated.
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- 53 System's transmission facilities, including changes.
- 54 System's distribution facilities, including changes.
- 55 System's number and capacity of transmission and dis-tribution substations and transformers, basis for classifying.
12 - -
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a Interroga-tory Number
'Information' 'Recue~sted
- 56 Name and area served by any supplier of electric energy franchised in area served by systems.
- 57 Option by customers to change service to another utility system, or from another utility to the sys-tem; number of customers and KWH sales.
58 Does any other utility serve customers in corporate limits of municipality?
If so, give names, areas and types of customers served.
- 59 System's declination to serve customers served by another utility; provide details, names and ad-dresses.
- 60 Names and addresses of all customers served by another utility, including details and dates.
- 61 Legality or limitation of another utility to serve in corporate limits or area served by system.
62 Legal restrictions on system's ability to serve cus-tomers outside co'rporate limits at wholesale or re-tail.
63 Number and class of customers located outside cor-porate limits served simultaneously with other utility services and annual KWH sales and revenues from customers in 1971.
- 64 Sources of electric energy used by system and KWH,
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maximum KW demand, cost and other charges from each source.
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- 65 System's generation facility details.
66 Plans to install additional generating or transmission capacity.
Interroga-tory Number Information' 'Reque'sted
- 67 Cost of system's planned expansion program and fore-casts for 1960, 1965 and 1970.
- 68 System studies relating to cost of alternate sources of bulk power.
- 69 System's efforts to acquire wholesale electricity.
- 70 System's membership in power associations, and names of employees of system involved.
- 71 System's policy for reimbursing dues of employees.
- 72 Names and addresses of persons having managerial re-sponsibilities within the system and reasons for any person leaving system's employ and dates.
- 73 System's membership in any bulk power supply coo'di-r nating group.
- 74 Names of employees with engineering degrees.
- 75 System's engineering service to customers, charges and expenditures.
76 Engineering services provided by other electric sup-pliers and costs of services.
- 77 System's design of engineering and transmission l
facilities proportions performed by employees and outside groups.
- 78 System's design of engineering and distribution facilities proportion performed by employees and, outside groups.
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- 79 System's design of engineering and generation facilities proportion performed by employees and outside groups.
- 80 System's installed and operating reserves for past and for each of next 10 years. i
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knterroga-tory Number Information Requested
- 81 System's annual local' factor data 1960 - 1971 and as projected for 1972 - 1981.
82 Sources of information used to answer these interro-gatories.
Of these 82 (really 81 since 28 was not used) interrogatories, only numbers 68, 69 and 73 relate to the relevant matters in controversy as defined by the Board and required by the Com-mission's Rules of Practice.
4.
The scope of the requested materials sweep the entire ad-ministrative, operational, financial, technical, legal and economic aspects of the 21 municipalities.
Consumers Power fails in its application to show the good cause required by Section 2.740 (b) (1) of the Commission's rules to examine the subpoenaed witnesses on matters not relevant to the subject matter involved in the hearing.
This relevancy requirement is clearly stated in Section 2.740 (b) (1). - Furthermore, the Chairman has indicated- / the Federal Rules of Civil Procedure
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Materials requested from January 1, 1960 through fiscal year 1972; or to date.
- / Order Denying Applicant's Motion (dated October 26, 1972) Td Compel Discovery from Members of Michigan Municipal Electric Association (page 5).,
do not permit the service of interrogatories on anyone except a party.
5.
The eleven municipalities of Clinton, Croswell, Dowagiac, Hart, Lowell, Niles, Paw Paw, Sebewaing, South Haven, Sturgis and Wyandotte do not purchase electric energy from Consumers Power.
Their only connection, and the basis which Consumers Power states is the reason for service of all 21 subpoenas, is membership in the Michigan Municipal Electric Association.
The Board has ruled "that the entire member-ship of a class may not be considered parties for purposes of discovery" (;id page 2).
There can be no doubt,.and in j_
fact Consumers Power so states, that the requests for'docu-ments and so-called initi,al interrogatories are full-blown elements of discovery "nearly identical" (page 1 of the Company's Application) to those equally non-relevant docu-ment requests and interrogatories served on the intervening municipal parties.
Counsel for Consumers Power stated on the record in the Second Prehearing Conference: "If we get 4
the complete documentary discovery that we have requested, and the answers to intarrogatories, I would anticipate that if we had any additional data discovery, it would be rather minimal.
So, I think Mr. Fairman can expect there
will not be any burdensome additional interrogatories or requests for praduction following the completion of this phase."
(Transcript page 154).
'6.
Counsel for Consumers Power and counsel for intervenors have had lengthy informal discussions concerning the similar requests for documents and interrogatories pro-pounded to the intervening municipals.
At these informal meetings, counsel for Consumers Power were informed that a serious lack of relevancy existed in both the document requests and interrogatories, and that such requests or interrogatories which would require analysis, computations or preparation of materials not in existence would not be provided by the intervening municipals.
On the basis of these infornal discussions between counsel, intervenors filed no formal objections to document requests or inter-rogatories.
Motions by Consumers Power to compel the dis-covery of any materials not relevant to matters in contro-versy will be opposed by intervenor Consumers Power now seeks "nearly identical" documents and answers to in-terrogatories from 21 non party municipalities.
Unless they are quashed, the Company will have made an end-run of intervenors informal objections and force formal liti-gation of the relevancy of all document requests and e
interrogatories.
7.
Consumers Power objected strenuously, and tho' Board sus-tained the objections, to document requests relating to the Company's Gas operations.
While Intervenors do not agree with this decision, the rationale used by the Company is equally appropriate to these 21 subpoenas.
"Since there is no possible justification for expanding the already excessively-broad scope of this proceeding, the Board should.
." / quash the subpoenas.
II FULL-BLOWN DISCOVERY OF NON-PARTIES IS NOT PERMITTED 1.
Consumers Power states in the application for subpoenas that the 21 municipalities being subpoenaed are all mem-bers of the Michigan Municipal Electric System.
As Inter-venors pointed out in its " Answer in Opposition to Appli-cant's Motion to Compel DLecovery from Members of the i
i Michigan Municipal Electric System" dated November 3, 1972,.
under Rules 33 and 34 of the Federal Rules of Civil Procedure,
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Applicants Objections to Document Requests and Motion for Pro-tective Orders, (Page 13). -
t discovery-is only enforceable as to a party to an action (c. f. Wainwright' v. Kraftco, 54 FRD 532 ' (19 72) ).
As the Board stated in its Order of November 15, 1972, "There is no warrant for the service of interrogatories on any-one except a party.
Even service of the President of a corporation will not satisfy the rule.
Holland v. Minnea-polis-Honeywell Regulator Company, 28 F.R.D 595'(D.
D. C.
19 61). " /
2.
The Commission!s Rules of Practico provides explicitly that discovery shall relate only to those matters in controversy which have been identified by the Chairman in a prehearing order.
(Section 2. 740 (b) (1).
The Commission's Rules fur-ther provide that the Chairman may make any order which justice requires to protect a party or a person from annoy-ance, embarrassment, oppreesion or undue burden or expense including that the discovery may not be had and that studies and evaluations not be prepared (Section 2. 74 0 (c).
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Order Denying Applicants Motion (dated October 26, 1972, To Compel Discovery from Members of Michigan Municipal Electric Association.
3.
Section 2.720 (a), the authority. cited by the company in its application (p~ age 1), requires' that the subpoenas be withheld absent a showing of general relevance of the tes-timony or evidence sought; sub paragraph (f) of this sec-tion permits the subpoenas to be quashed if it is un-reasonable or requires evidence not relevant to any matter in issue.- As demonstrated supra, there is a general lack of relevance in Consumers Power's document requeste s.nd interrogatories.
4.
The Board adopted the Company's suggestion that in adopting the language of the Federal Rules, the Commission intended to borrow Federal Court decisions which have placed a gloss upon Rules 33 and 34 which describe the discovery use of interrogatories and production of doc 2 men s.
These rules do not permit the interrogatories or requests for the pro-duction of documents on anyone except a party.
5.
Under the Federal Rules of Civil Procedure only Rules 30 and 31 are available for the discovery of non parties; and Rule 31 clearly defines that only depositions on written questions are permitted.
As the Advisory Committee's General Note to Rule 31 indicates, confusion is created by the use of the same terminology to describe bot h the taking of a deposition -
upon " written interrogatories" pursuant.to the rule and the serving of " written interrogatories" upon parties par-suant to Rule 33. ' Consumers Powers document requests and interrogatories served on these non-party municipalities are clearly not permitted by the Federal Rules of Civil Procedure.
III UNDUE BURDEN AND EXPENSE 1.
Each of the 21 municipalities is required by these sub-poenas to produce documents and information concerning detailed operational, financial and other materials re-lating in part to the electric or other utility services for a 12-year period.
As stated by Consumers Power, the documents sought are nearly identical to those document requests served upon the intervening municipal parties on-August 4, 1972.
For the convenience of the Chairman the document requests are attached hereto as Appendix A, and the initial interrogatories are attached hereto as Appen-dix B.
2.
In addition to the sweeping searca of 12 years of files and the production of a large quantity of copics of documents in a limited time frame, the information requested by the interrogatories is so complex and detailed that tot one of
- 21
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the individuals subpoenaed could provide the answers with-out extensive consultation or assistance from engineering, financial, legal, clerical and other personnel.
In many cases these subpoenaed individuals have not been employed by the system for the 12-year span involved in the requests, and they would require extensive time to compile and study the records and files in order to provide the information sought by Consumers Power.
3.
The burden imposed by this sweeping search of the files and operational records would require that substantial personnel be assigned to perform the burdensome task of assembling, re-producing documents and preparing answers, and such personnel is simply not available.
Since being served with the sub-I poenas, several of these munic.ipalities have estimated the man-hours or the expense required to produce the documents and prepare answers to the interrogatories propounded by Consumers Power.
Tne table below indicates that these pre-liminary estimations of the burden and expense imposed on 19 of the municipalities subpoenaed is substantial.
. t
Estimated Man-Hours (MH)
City or Time Required Estimated Cost Bay City 2500 MH
$75,000 Charlevoix
$20,000 Chelsea
$50,000 Clinton
$25,000 Croswell 1 year
$25,000 Hart
$ 3 - 5,000 Hillsdale 5 - 6 months
$20,000 Lansing
$70,000 Lowell 50 MH
$25,000 Marshall
$25,000 Niles Engineering - 592 MH
$35,000 Accounting - 1200 MH Field / Clerical - 3288 MH (6 to 9 months)
Paw Paw 500 - 1000 MH
$10 - 20,000 Petoskey Engineering - 1000 MH
$25,000 Accounting - 100 MH Clerical - 1000 MH Portland 1100 MH
$25,000 St. Louis 1100 MH
$27,500 Sebewaing Engineering - 360 MH
$23,000 Accounting - 440 bHI Field / Clerical - 1280 MH Sturgis Engineering - 200 MH
$ 9,400 Administration - 100.MH Legal - 40 MH Clerical - 400 MH Union City
$ 3 - 5,000 Wyandotte
$50,000.
o 4.
It is clearly established from the above estimates that the Consumers Power subpoenas represent an undue and un-conscionable burden and expense upon these non party municipalities.
It should also be noticed that the joint requests for documents from the Company was filed on July 26, 1972 and Consumers Power claims it has not been able to complete the requested production of documents. The Compcny vill have more than six months in which to do so.
Consumers Power seeks "nearly identical" (Application p.1) documents from the 21 municipalities that it sought from the intervening municipals and the information sought is fully comparable.
(pl p. 1).
That this discovery of the intervening parties is extensive has been acknowledged by the Board in its Order Denying Applicant's Motion to Com-pel Discovery From Members of Michigan Municipal Electric Association issued November 15, 1972, where it was said at page 5:
"In determining the extent of discovery from twenty-one Electric Systems, Applicant should bear in mind that extensive discovery is being j
had from the intervening electric systems and that under Section 2.743 (c) unduly repetitious evidence will not be admitted."
Despite this mandate by the Board, Consumers Power now seeks.
information from these 21 municipalities which would not be admitted either because it is repetitious or is not relevant to the. narrowly defined issues of this proceeding.
IV CONCLUSIONS 1.
Consumers Power has failed to give the Commission a state-ment which indicates the general relevance of the informa-tion it seeks from these non-party municipalities.
Of the 21 non party municipalities subpoenaed 11 / are not customers of Consumers Power.
Their only connection with this proceed-ing, and the basis which Consumers Power states as a reason for service of subpoenas on all 21 municipalities, is their membership in the Michigan Municipal Electric Association.
The Board has ruled "that the entire membership of a class may not be considered parties for purposes of discovery."
(ijl page 2).
2.
The Company in its application states that every municipal in the lower peninsula of the State of, Michigan must be examined to obtain geographic market boundaries and reliable
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Clinton, Croswell, Dowagiac, Hart, Lowell, Niles, Paw Paw, Sebewaing, South Haven, Sturgis and Wyandotte.
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ec'nomic data, but it does not support this need by o
showing the information it seeks is relevant to matters in controversy, particularly with respect to these non-party municipalities.
3.
The undue burden and expense imposed by these sweeping requests for documents and the analyses and computations required to answer the interrogatories is unconscionable and is not permitted under the rules.
4.
The sweeping search of the files, some in archived stor-age, and the analyses of records, documents and data which would be required to procure the documents and produce the information sought by Consumers Power would result in a substantial delay of the hearings and burden an already cumbersome record.
Furthermore, the materials would not be admissable either as unduly repetitious under Section 2.743 (c) or not relevant to the " relevant matters in con-troversy", defined by the Board and required under Section 2.740 (b) (1).
5.
Much of the information and data which Consumers Power seeks by these subpoenas could be obtained through analysis of documents filed by the 21 municipalities with Federal or State agencies and which are available to the Company.
To o
the extent relevant information is not available from public files, Consumers Power can depose knowledgeable employees of these municipalities and ask appropriato questions in the proper form as described oy Rules 30 and 31 of the Federal Rules of Civil Procedure.
WHEREFORE, for the foregoing reasons, the 21 Michigan Municipalities through their attorneys respectfully request the Chairman to quash these subpoenas pursuant to the authority under Section 2.720 (f) (1) of the Atomic Energy Commission's Rules of Practice (10 CFR Part 2).
Respectfully submitted, 1
J George Spiege1#'
CmA PM Jankd Carl Pollock Attorneys for Bay City, Charlevoix, Chelsea, Clinton, Croswell, Dowagiac, Hart, Hillsdale, Lansing, Lowell, Mar-shall, Niles, Paw Paw, Petoskey, Port-land, St. Louis, Sebewaing, South Haven, Sturgis, Union City and Wyandotte, all in Michigan.
January 9, 1973 Law Offices of:
George Spiegel 2600 Virginia Avenue, N. W.
Washington, D. C.
20037 - - -
AFFIDAVIT DISTRICT OF COLUMBIA, ss; James Carl Pollock, being first duly sworn, deposes and says that he is an attorney for the Cities of Bay City, Charlevoix, Chelsea, Clinton, Croswell, Dowagiac, Hart, Hills-dale, Lansing, Lowell, Marshall, Niles, Paw Paw, Petoskey, Port-land, St. Louis, Sebewaing, South Haven, Sturgis, Union City and Wyandotte, all in Michigan, and that as such he has signed the foregoing Answer for and on behalf of said parties; that he is authorized se to do; that he has read said Application 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.
%_ e.,( he 3ades Carl Pollock Subscribed and sworn before me on this 9th day of January,1973.
&2Lu nkl
,c,eg Notary Public/ D.
C.
My commission expires:
September 30, 1974_.
APPENDIX A Attachment to Supeona Duces Tecum A.
Definitions and. General Directions l.
" Document" means the original, any copy (regardless of origin), and all drafts of all writings of every kin'd in the possession',. custody or control of the electric system or municipality, including all drafts or correspondence, memoranda, reports, financial reports, vouchers and other accounting records, notes, letters, telegrams, messages (including reports of telephone con-versations and conferences), studies (including, but not
' limited to, load flow, engineering, general economic and market studies), analyses, comparisons, books, magazines, newspapers, booklets, circulars, bulletins, notices, instructions, minutes and other communications, including inter-and intra-office communications, transcripts, pur-chase orders, questionnaries and surveys, maps, charts, graphs, electrical or geographic diagrams including those known in the trade as "one line diagrams," photographs, phonograph or other recordings and other data compilations from which information can be obtained.
Only documents prepared, j
sent or received since January 1, 1960, are requested.
Either the originals or legible copies of requested documents should be produced.
2.
" System" means the electric generation, transmission or distribution system owned, operated, or financed by the municipality which it serves.
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-2.
3.
Each document produced an'd answer hereto should identify the number of this request (and subpara-graph, if any) to which it is responsive and should be arranged serially.according to such number.
4.
In the event any document requested herein was destroyed or is otherwise' unavailable, specify in detail the reason therefor.
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5.
If any document requested is available, but is withheld by reason of any assertion of privilege or other claim, describe each such document, including the-name, address and position of the persons preparing and receiving it, the form of the document, its title (if any) and the matter to which it relat.es.
In addition, provide a brief statement of the grounds on which privilege or other claim is being asserted.
6.
As used herein, " interrogatory" refers to those interrogatories served upon respondent by -Consumers Power Company in this proceeding.
B.
Documents Requested 1.
For each year 1960 to date furnish copies 4.
of the following:
a) all financial, operating, load and capacity reports or statements submitted to d
4 9
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~~
'the Federal Power Commission, the Michigan
. Public Service Commission, the' Edison Electric Institute, the American Public Power Associa-tion, the Michigan Municipals and Cooperatives Power Pool, the Michigan Municipal Electric Association, er to any local governing authority or official; b) all public reports, writings, or notices of any type reflecting the financial or operat-ing condition of the system; c) all electric rate schedules, tariffs, rate contracts or agreements, conditions and terms'of service or any other statement of rates applicable to each customer class cerved by the system and in effect at any time during the period January 1,1960 to date; d) all documents relating t,o each proposal referenced in Interrogatory 3; e) all fuel, purchased power, materials, commodity, tax, wage or other adjustment clauses d
found in each rate schedule, tariff, rate con-tract or agreement in effect at any time during the period January 1, 1960 to date.
V
,.y 2.
-Provide documents which show the following:
a) the name and address of each customer served under any other rate schedule-, tariff, contract, agreement, or any arrangement for service; b) each of the rates and other terms and conditions upon which each such customer has been served during the period January 1, 1960 to'date, and each customer's annual peak demand and annual kilowatt-hour consumption and the gross annual revenues received by the system from each
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such customer.
3.
a)
Furnish copies of all documents relating in any way to cost of service studies, bill frequency analyses, cost or profitability analyses by customer class and/or for the system as a whole prepared by or for the system during the period January 1, 1960 to date;
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b) provide all documents showing any similar or related studies presently being prepared by or for the system, including, but not limited to the following information:
the date on which such study was initiated; the name of the system's employee responsible for the e
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preparation of such st,udy or, if the study is being prepared by an individual or organi-zation retained by or. on behelf of the system, the name and address of such entity; the planned completion date of the study; and a general description of the purposes' and subject matter of the study.
4.
Furnish a copy of the'following:._-..
a) all documents relating in any way to a suggestion, recommendation or requirement referenced in Interrogatory 13; b) all documents prepared for or by the system, the municipality in which it serves, or any agency or department of'that municipality relating to the effect of municipal ownership of an electric power system on electricity rates or quality of service, industrial development, municipal tax rates, or moneys or services provided by the electric system to any other municipal department, agency or activity; c) all documents relating in any way t,o the loss of any customer (or the facilities
transferred in connection with such loss of identified in Interrogatory 45 ;
customer)
~ d) all documents xclating to each refusal or decision identified in Interrogatory.47; e) all documents related to any terri-torial gain or loss since' January 1, 1960.
5.
Furnish copies of each of the followingi a) all documents pr'epared by or for the system, or on which'the system has relied, during the period January 1, 1960 to date which 'contains any reference 'to expected future' increases in production capability, investment in the ' system or growth in the system's peak demand, sales, revbnues, profits and/or number of customers served; b) all documents prepared by or for the system, or on which the system relied, describing the economic condition of the area served by the system, projections of future economic conditions, or the prospect for attracting commercial and/or industrial customers, or other potential stimuli of economic growth, to the area; e
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c) all documents relating to any denial of electric service or decision not to seek the opportunity to sdrve'any customer; d) all' documents relating to each incident identified in Interrogatory 59.
6.
Furnish citations to.and copies of each provision of any municipal bond indenture, municipal ordinance, state law or any other law, rule, regulation or order which restricts or defines in any way the authority of the municipality or any agency or depart-ment thereof, to:
a) construct system facilities outside of the municipality; b) construct system facilities for the sale of electricity outside the municipality; c) share the ownership of electric facilities with any other utili_ty or entity; d) interconnect with any other utility or entity; e) coordinate or integrate in any other way with any other utility or entity.
7.
Furnish copies of all documents' prepared by or for the system during the period January 1,1960
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to date.wh,ich relata in any way to any of t'he following:
a) the relative costs of electricity obtained from different sources or with suggested sources of and costs of meeting energy requirements du' ring that time period or in the future; b) th6 feasibility, desirability, or cost of any plan identified in Interrogatory 66i c)
.the technical and/or economic feasi-bility of constructing generating and/or
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transmission facilities; d) the technical and/or economic feasi-bility or desirability of providing electric service,to present or potential customers with demands of 500 kilowatts or more.
8.
Furnish copies of the following:
a) all coordinating or integrating agree-
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ments, contracts, or understandings for the sale or exchange of electric power and energy l
between the system and any other electri'c j
i utility now in effect, or in effect at any time during the period January 1, 1960 to date (cxclude any such agreement with' Consumers Power Company) ;
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b), prospectus or other reports filed with the Securities and Exchange Comission fromJanuary1,19h0todate,orissuedto
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the public during that period, by the system or by the municipality in which it serves.
9.
Furnisit all documents relating to each membership in any bulk power supply coordination group and any document relating to the exclusion of particular electric utilities ~ or classes of such. utilities from such groups, including but not limited to communications with other electric utilities with respect to actions, joint or several, to prevent admission of such electric utilities.
10.
Furnish a copy of the organization chart of the system.
11.
Furnish copies of the following:
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a) all documents relating to the activities described in subparagraphs (a) to (c) of Interrogatory 9; b) all documents relating to each discussion, approach or contact referenced in Interrogatory 11.
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12.
a)
Furnich a copy of your system's charter, and any other document, statute or provision, w
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. J,which. evidences ~ the syste:r's right to organize and operate, together with any rules, regulations,
' bylaws 6f other sir ilar directives promulgated by the system or any other entity which govern its
, organization and operations.
b) furnish a copy of any amendment to or suspension or repealer of the aforesaid documents adopted, or in effect, at any time during the.
period. January 1, 1960 to date.
13.
Furnish a copy of each ordinance or other statute, rbgulation, rule or order identified in Interrogatory 12.
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