ML19329E976
| ML19329E976 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/08/1973 |
| From: | Jablon R MICHIGAN MUNICIPAL COOPERATIVE POWER POOL, SPIEGEL & MCDIARMID |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006190754 | |
| Download: ML19329E976 (6) | |
Text
_
/ f ff UNITED STATES OF AMERICA BEFORE TEE' ATOMIC ENERGY COM!!ISSION In the Matter of
)
CONSUMERS PCITER COMPANY
)
Docket Nos. 50-329A 50-330A (Midland Units 1 and 2)
)
ANSWER OF INTERVENORS TO APPLICANT'S MOTION FOR ORDER MODIFYING PROCEDURAL SCHEDULE Pursuant to Section 2. 720(c), 10 CFR, Part 2, 37 F.R.
15127 of the Commission's Rules, the IntervenorsI[
respond to Consumers Power Company's Motion of December 22, 1972, to modify the procedural schedule.
Consumers Power seeks to extend its date for production of dccunents which were first requested by the United States Department of Justice, the Atomic Energy Commission R0gulatory Staff and Intervenors on July 26, 1972.
Consumers Power says that "prcduction cannot possibly be completed any earli2r than May 1, 1973," although it states that, ".
if the Board issues
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Electric Departments or Boards of Public Works of Holland, Grand Haven, "celand, Coldwater and Traverse City, Michigan;.
Northern Michigan Electric Cooperative, Wolverine Electric Cooperative and the Michigan Municipal Electric Association.
80061907fp
an order excluding the Applicant's field' offices from the file search.
. 1pplicant.
. could ccmplete documentary production by February 16, 1973.
(Motion, pp. 1-2).
While Applicant attempts to give the impression that it has substantially complied with the discovery request, the major portion of the information requested has not been sup-plied.
Since the date originally contemplated for completion of discovery has passed (See Motion, p.2), and since Applicant states that it cannot finish its search of Company headquarters before February 16, 1973 -- wh;n all discovery was to have been completed -- Consumnrs Power presents us with a fait accompli.
We are surprised that discovery is taking this long.
We did attempt to get information of Consumers Power's filing system, but this has not been supplied.
First Joint Request of Depart-ment of Justice, AEC Ecgulatory Staff, and Intervenors for pro-1 duction of documents by Applicant for period since January 1, 1960, question 10 (a) (July 7, 1972).
Since we have no basis to contest the factual statements of applicant in its affidavit and motion, we reluctantly assent to this time extension.
l The main part of Applicant's Motion is a request that it not have to search its field offices.
Ecwever, Applicant will not state that those field offices do not contain documents which l l
,y
are relevant and not duplicative of those contained on Consumers Power main offices.
Therefore, there is no basis to grant Con-sumers. Power's request.
The fact that Consumers Power states that it will take until May 1, 1973, to search the field offices should in no way justify its not complying with documentary production from its main offices by February 16, 1973.
New dates set for compliance should be adherred to.
Unfortunately, the delay in receiving the documents from Consumers Power means.that subsequent inter-rogatories or other discovery of Intervenors based upon those documents will have to be delayed.
Since document discovery is a first step, any extension granted Consumers Power for comple-tion of its discovery should allow for time on the part of In-tervenors to complete their subsequent discovery similar to that initially contemplated by the Board.
Second Prehearing Conference Order of the Atomic Safety and Licensing Board, November 3, 1972; Prehearing Conference; Transcript pages 114-120 (July 12, 1972).
Respectfully submitted, WA l
Robert A/ Jablon Attorney for Electric Departments, or Boards of Public Works of Holland, Grand Haven, Zeeland, Coldwater and Iaw Offices of:
Traverse city, Michigan; Northern' George Spiegel Michigan Electric Cooperative, Wol-2600 Virginia Ave, N. W.,
verine Electric Cooperative and the Washington, D. C.
20037 Michigan Municipal Electric Asso-ciation.
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UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION In the Matter of
)
COMSUMERS POUER COMPANY
)
Docket Nos. 50-329A 50-330A (Midland Plant, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the Answer of Intervencrs to Applicant's Motion for Order Modifying Procedural Schedule, in the above-captioned matter, have been served on the following by deposit in the, United States mail, first class or air mail, postage prepaid, this 8th day of_ January, 1973:
Jerome Garfinkel, Esq., Chairman Atomic Safety and Licensing Board U. S. Atcmic Energy Commission Washington, D. C.
20545 Abraham Braitman, Esq., Chief Office of Antitrust and' Indemnity l
U. S. Atomic Energy Commission Washington, D. C.
20545
(
Hugh K. Clark, Esq.
P. O. D o:-: 127A Kennedyville, Maryland 21645 i
Harold P. Graves, Esq.
Vice President and General Counsel Consumers Potter Company 212 West Michigan Avenue Jackson, Michigan 49201
Dr. J. Venn Leeds, Jr.
P. O. Box 941 Houston,. Texas 77001 William Warfield Ross, Esq.
Keith S. Watson, Esq.
Wald, Harkrader & Ross 1320 - 19th Street, N. W.
Washington, D. C.
20036 Joseph Rutberg, Esq.
Benjamin H. Vogler, Esq.
Antitrust Counsel for AEC Regulatory Staff U.
S. Atomic Energy Conmission Washington, D. C.
20545 Honorable Frank Kelly Attorney General State of Michigan Lansing, Michigan 48913 Mr. Frank W. Karas, Chief Public Proceedings Branch Office of the Secretary of the Commission U. S. Atomic Energy Commission Washington, D. C.
20545 i
Atomic Safety and Licensing Board Panel U. 5. Atemic Encrgy Cornission Washington, D. C.
20545 l
l l
Joseph J. Saunders, Esq.
Antitrust Division U.
S.
Department of Justice Washington, D.
C.
20530 l
~
l William T. Clabault, Esq.
David A.
Leckie, Esq.
Antitrust Division U. S. Department of Justice P. O.
E.ox 7513 Washington, D. C.
20044 i
, L
Wallace E. Brand, Esq.
Antitrust Division U. S. Department of Justice Washington, D. C.
20530 Robert J.
Verdisco, Esq.
Counsel for AEC Regulatory Staff U. S. Atomic Energy Commission Washington, D. C.
20545 1 1 IL.L.x$ C.J-bn Robert A.
Jablon 2000 Virginia 7. venue, N.
P.,
Uachington, D. C.
20037
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= _ _. _ _ _ _ _ _ = - -.
AFFIDAVIT DISTRICT OF COLUMBIA, ss; Robert.A. Jcblon, being first duly sworn, deposes and says that he is an attorney for the Electric Departments or I
Boards of'Public Works of_ Holland, Grand Haven, Zeeland, Cold-water and Traverse City, Michigan; Northern Michigan Electric Cooperative, Wolverine Electric Cooperative and the Michigan
!!unicipal Electric Association, and that as such he has signed l
the foregoing Answer for and on behalf of said parties; that he is authorized so 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' e
of his knowledge, information or belief.
'!Y '...!n i
Robert A. Jablon 1
1 Subscribcd and sworn before me on this 8th day of January,-1973.
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i V,Li*,t y' G ~. / s s,e.(
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' ' *'x Notary Public, D. C.
My ce=:tissicn expires: September 30, 1974 v
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