ML19329F201
| ML19329F201 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 02/28/1973 |
| From: | Garfinkel J Atomic Safety and Licensing Board Panel |
| To: | MICHIGAN, STATE OF |
| Shared Package | |
| ML19329F202 | List: |
| References | |
| NUDOCS 8006230724 | |
| Download: ML19329F201 (44) | |
Text
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s UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329A (Midland Units 1 and 2)
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and 50-330A SUBPOENA DUCES TECUM To:
William Stron Superintendent, Department of Municipal Services Wyandotte, Michigan You are commanded to appear at the offices of William Marcoux, 1100 City Bank Building, Jackson, Mich-igan, on the second day of April, 1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section
- 2. 720 (f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpcona if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the instance of Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome GarfinKel, Chairman Atomic Safety and Licensing Board Dated and issued:
Fcbruary __. 1973 THIS DOCUMENT CONTAINS Washington, D.C.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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CONSUMERS-POWER COMPANY
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Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
Walter J. Spencer Superintendent, Water and Light Department Union City, Michigan You are commanded to appear at the offices of Lawrence Bullen, 415 South Jackson Street, Jackson, Mich-igan, on the second day of April,1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section J
2.720(f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the~ subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the instance of Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated and issued:
February 1973
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329A (Midland Units 1 and 2)
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and 50-330A SUBPOENA DUCES TECUM To:
John Brand City Manager Sturgis, Michigan You are commanded to appear at the offices of Lawrence Bullen, 415 South Jackson Street, Jackson, Mich-igan, on the second day of April, 1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section 2.720 (f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena' is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the inst'ance of Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
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Jerome Garfinkel, Chairman Atondc Safety and Licensing Board Dated and issued:
February __, 1973 Washington, D.C.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329A (Midland Units 1 and 2)
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and 50-330A SUBPOENA DUCES TECUM To:
William T. Dennis City Manager St. Louis, Michigan You are commanded to appear at the offices of Smith & Brooker, P.C.,
703 Washington Avenue, Bay City, Michigan, on the second day of April, 1973, at 4:00 P.M.
and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section 2.720(f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the instance of Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated and issued:
February __, 1973 Washington, D.C.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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CONSUMERS POWER COMPANY
)
Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
Elbert Pierce Superintendent, Board of Public Utilities South Haven, Michigan You are commanded to appear at the offices of John LaParl, 615 American National Bank Building, Kala-mazoo, Michigan, on the second day of April, 1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that section
- 2. 720 (f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the instance of Consumers Power Company, applicant in the.above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated and issued:
February __, 1973 Washington, D.C.
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e UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION i
In the Matter of
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CONSUMERS. POWER COMPANY
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Docket Nos. 50-329A (Midland Units 1 and 2)
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and 50-330A SUBPOENA DUCES TECUM To:
Arthur Reinhold, Jr.
Superintendent, Light and Water Department Sebewaing, Michigan You are commanded to appear at the offices of Smith & Brooker, P.C.,
703 Washington Avenue, Bay City, Michigan, on the second day of April, 1973, at 4:00 P.M.
and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section
- 2. 720 (f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was' issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on
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just and reasonable terms.
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This subpoena is issued at th'e instance of Consumers Power Company, applicant in the above-:ap-tioned proceeding,. by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated and issued:
February __, 197 3 Washington, D.C.
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UNITED TATES OF AMERICA ATOMI sNERGY COMMISSION In the Matter of
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CONSUMERS POWER coa /ANY-
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Docket Nos. 50-329A (Midland Units 1 and 2)
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and 50-330A SUBPOENA DUCES TECUM To:
Larry A. Wernette city Manager Portland, Michigan You are commanded to appear at the offices of John Collins, 900 American Bank & Trust Building, Lansing, Michigan, on the second day of April,1973, at 4:00 P.M.
and to bring with you the documents as per the attachment.
to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section 2.720 (f) of the aforementioned RLies provides as follows:
On motion made promptly, and in any event at or before the time specified' in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the instance of Consumers Power Company, applipant in the above-cap-tioned proceeding, by order OR the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated'and issued:
February __, 1973 Washington, D.C.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
Richard I. Gorman City Manager Petosky, Michigan You are commanded to appear at the offices of Contkle & Vernum, 110 Water Street, Boyne City, Michigan, on the second day of April, 1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Dractice, 10 C.F.R. Part 2.
You are hereby advised that Sec'.on d
- 2. 720 (f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any ratter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the instance of Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated and issued:
February 1973 Washington 7 D.C.
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UNITED STATES OF AMERICA
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ATOMIC ENERGY COMMISSION In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
Maxine Chipman Village Clerk Paw Paw, Michigan You are commanded to appear at the offices of John LaParl, 615 American National Bank Building, Kala-mazoo, Michigan, on the second day oi April,1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section
- 2. 720 (f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and rearonable terms.
This subpoena is issued at the instance of Consumers Power Company, applicant in the above-cap-l tioned proceeding, by order of the Atomic Safety and Licensing Board.
i Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated and issued:
February __, 1973 Washington, D.C.
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N UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
J. A. Brett
- Manager, Board of Public Works Niles, Michigan You are commanded to appear at t'io offices of John LaParl, 615 American National Bank I :lliding, Kala-mazoo, Michigan, on the second day of April, 1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section
- 2. 720 (f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the j
subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the instance of Consumers Power ",mpany, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated and issued:
February __, 1973 Washington, D.C.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
Victor Wirtz Superintendent, Water and Electric Works Marshall, Michigan You are commanded to appear at the offices of Lawrence Bullen, 415 South Jackson Street, Jackson, Mich-igan, on the second day of April, 1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section
- 2. 720 (f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
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This subpoena is issued at the-instance of l
Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman 3
Atomic Safety and Licensing Board Dated and issued:
February
, 1973 Washington 7 D.C.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
)
)
COu ddMERS POWER COMPANY
)
Docket Nos. 50-329A tr.dland Units 1 and. 2)
)
and 330A SUBPOENA DUCES TECUM To:
John'T. Jones Superintendent of Light and Power Lowell, Michigan You are commanded to appear at the offices of Warner, Norcross & Judd, 900 Old Kent Building, Jackson, Michigan,' on the second day of April, 1973, at 4:00 P.M.
and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R.
Part-2.
You are hereby advised that Section
- 2. 720 (f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the sWapoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) ' quash or modify the subpoena if
'it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the instance of Consumers Power Company, applicant in the above-cap-tioned: proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman
-Atomic Safety and Licensing Board Dated and issued:-
-February 1973 Washington 7 D.C.
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e UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
Earl Brush Acting Manager, Board of Water and Light Lansing, Michigan
'You are commanded to appear at the offices of John Collins, 900 American ' Bank & Trust Building, Lansing, Michigan, on the second day of April, 1973, at 4:00 P.M.
and to bring with you the documents as per the attachment to this subpoena entitled " Attachment. to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section
- 2. 720 (f) of ' the aforementioned Rules provides as follows:
On motion made promptly, and in any event at er before the time specified in the subpoer.a for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission l
may (1) quash or modify,the subpoena if it is unreasonable or requires evidence 1
not. relevant to any matter in issue, or
-(2) condition denial of the motion on just and reasonable terms.
/
This subpoena is issued at the instance of Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated and issued:
' February __, 1973
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. Washington, D.C.
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l UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
William Carr City Manager Hillsdale, Michigan You are commanded to appear at the offices of Lawrence Bullen, 415 South Jackson Street, Jackson, Mich-igan, on the second day of April,1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section 2.720(f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on
_just and reasonable terms.
This subpoena is issued at the instance of Consumers Power Company, applicant in the Maove-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated and issued:
February __, 1973 Washington, D.C.
J UNITED STATES OF AMERICA ATCMIC ENERGY COMMISSION In the Matter of
)-
)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
George Vondrak City Manager Hart, Michigan You are commanded to appear at the offices of Warner, Norcross & Judd, 900 Old Kent Building, Grand Rapids, Michigan, on the second day of April, 1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section 2.720 (f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the instance of Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated and issued:
-February 1973 Washington 7 D.C.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
Henry Graper, Jr.
City Manager Dowagiac, Michigan You are commanded to appear at the offices of John LaParl, 615 American National Bank Building, Kala-mazoo, Michigan, on the second day of April, 1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section 2.720(f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the sWapoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is-unreason &ble or requires evidence not relsvant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the instance of Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated and issued:-
February 1973 Washington 7 D.C.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
Parry G. Baer, Jr.
Superintendent, Light and Power Department Croswell, Michigan You are commanded to appear at the offices of Smith & Brooker, P.C., 703 Washington Avenue, Bay City, Michigan, on the second day of April, 19 7 3, at 4 :00_ P.M.
and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section 2.720(f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at th instance of Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board
~
Dated and issued:
February __, 1973 Washington, D.C.
UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To: ~ John B.
Fox Village Clerk Clinton, Michigan You are commanded to appear at the offices of William Marcoux, 1100 City Bank Building, Jackson, Michi-gan, on the second day of April, 1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section 2.720 (f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding of ficer or, if he is unavailable, the Commission may (1) quash or modify the. subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is. issued at the instance of Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chair man Atomic Safety and Licensing Board Dated and issued:
February 1973 Washington 7 D.C.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
Frederick Weber Village Administrator Chelsea, Michigan You are commanded to appear at the offices of William Marcoux, 1100 City Bank Building, Jackson, Michi-gan, on the second day of April, 1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section
- 2. 720 (f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the instance of Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated and issued:
February 1973 Washington 7 D.C.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
)
)
CONSUMERS POWER COMPANY
).
Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
Thomas C. Hanna City Administrator Charlevoi:c, Michigan You are commanded to appear at the offices of Contkle & Varnum, 110 Water Street, Boyne City, Michigan, on the' second day of April, 1973, at 4:00 P.M. and to bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena is issued pursuant to Section 2.720 of the Atomic Energy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section
- 2. 720 (f) of the aforementioned Rules provides as follows:
On motion made promptly, and in any event at or before the time.specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence, not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the instance of Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licensing Board.
i
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Jerome Garfinkel, Chairman Atomic Safety and Licensing Board Dated and issued:
February __,, 1973 Washington, D.C.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
)
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329A (Midland Units 1 and 2)
)
and 50-330A SUBPOENA DUCES TECUM To:
Horace D.
Hodge City Manager Bay City, Michigan You are commanded to appear at the offices of Smith.& Brooker, P.C.,
703 Washington Avenue, Bay City, Michigan, on the second day of April, 1973, at 4:00 P.M.
and to. bring with you the documents as per the attachment to this subpoena entitled " Attachment to Subpoena Duces Tecum".
This subpoena '.s issued pursuant to Section 2.720 of the Atomic Ener gy Commission's Rules of Practice, 10 C.F.R. Part 2.
You are hereby advised that Section
- 2. 720 (f) of the aforer.entioned Rules provides as follows:
On motion made promptly, and in any event at or befcre the time specified in the subpoena for compliance by the person to whom the subpoena is directed,.and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
This subpoena is issued at the ' instance of Consumers Power Company, applicant in the above-cap-tioned proceeding, by order of the Atomic Safety and Licc3 sing Board.
Jerome Garfinkel, Chairman 9
Atomic Safety and Licencing Board Dated and issued:
- February __, 1973 Washington, D.C.
1_ _
o ttachment to subpoena Duces _ Tecum A.
Definitions and General Directions 1.
"Cocument" means the original, any copy (regard-
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less of origin), and all drafts of all writings of every
-.;.j.g,,.,.. r.. 4, kind in the possession, custody or control of the
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-electric system or municipality, including all drafts or corr.r2spondence, memoranda, reports, financial reports, vouchers, and other accounting records, notes, letters, telegrams, messages (including reports of telephone cun-versations and conferences), studies (including, but not limited to, load flow, engineering, general economic and market studies), analyses, comparisons, books, magazines, ne'wspapers, booklets, circulars, bulletins, notices, instructions, minutes and other communications, including inter-and intra-office communications, transcripts, pur-chase orders, questionnaires and surveys, maps, charts, i
~
graphs, electrical or geographic diagrams including those known in the trade as "one line diagrams," photo-graphs, phonograph or other recordings and other data compilations from which information can be obtained.
Only documents prepared, sent or received since January 1, 1960 are requested.
Either the originals or legible copies of' requested documents should be produced.
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.. 2.
" System" means the electric generation, transmis-sion, or distribution system owned, operated, or rinanced by the municipality which it serves.
3.
Each document produced and answer hereto should identify the number of this request (and subparagraph, if any) to unich 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.
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 relates.
In addition, provide a brief statement of the grounds on which privilege or other claim is being asserted.
B.
Documents Requested 1.
For each year 1960 to date furnish copies of the following:
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(a) all financial, operating, load and capacity reports or statements submitted to 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
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Association, or to any local governing authority or official; (b) all public reports, writings, or notia's of~any type' reflecting the financial or operating condition of the system; (c) all electric rate schedules, tariffs, rate contracts or agreements, conditions and terms of. service or any other statement of fates applicable to each customer class served by the system and in effect at any time during the period _ January 1, 1960 to date; (d) (1) a single document or any group of documents which show (i) the identity and address of ea'ch customer (or other perscIs) to
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whom the system has considered or proposed to offer electric service pursuant to rates or terms and conditions of service other than
.the applicable rates and' conditions for such customer identified in. response (s)' to request 1(c), supra; (ii) the rates and terms or conditions of service which were so, considered
~
4 or so offered;.and (iii) the system's reasons or intent-(including competitive considera-tions) in considering or proposing such rates
)
or terms or conditions of service for each such customer (or other person).
(2) all correspondence between the system (and its employees or agents) and each customer identified in response to request 1(d) (1),
supra, which relate to the system's considera-tion or proposal to offer electric service under rates or terms and conditions of service other than i
those produced in response to request 1(c), supra.
2..
Provide any single document or group of documents j
which show:
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(a) the name and address of each customer 9
served by the system at any time from 1960 to date under any rate schedule, tariff,. contract, agreement, or any arrangement for service other than the applicable rates and conditions for such customer identified in request 1(c),
supra.
(b) (i) each of the rates and other terms and conditions upon which each customer identi-
.fied in response to 2(a) has been served from 1960 to date; and (ii) each such customer's annual peak demand, its annual kilowatt-hour consumption from the system and the gross annual revenues received by the system from each customer from 1960 to date.
3.
Furnish copies of all 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.
4.(a)
Provide reports, studies, and analyses pre-
't pared for or by the system relating to:
4 4
,-.~n-n
...(i) comparisons of the system's electric
^
rates or quality of electric service with the
. electric rates or quality of electric service of 4
applicant or any other electric system in lower Michigan.
(ii) the ability or desirability of the system to attract or serve the electric power requirements of' commercial or industrial customers or to compete for retail load with applicant or any other electric system.
(iii) the services or moneys which the electric system provides to other municipal activities or other municipal entities.
(iv) the impact or effect of municipal 1
ownership of the system upon the level of the system's electric rates or quality of electric 1
service or upon municipal tax rates.
4.(b)
Provide correspondence between the system and each customer served (or sought to be served) by the system which discusses any of the subjects set forth in 4 (a) (i) to (iv), supra.
1
. _. =
,. 4. (c)
With regard to the system's ten largest cus-tomers (in terms of kilowatt-hour consumption) which have ceased taking electric service from the system since 1960 and the ten' largest customers which began taking service from the system since 1960, provide:
(i) correspondence (and documents showing the content of each oral.communica-tion) between the system and each such customer discussing the reason (s) for the cessation or the initiation of service to each such customer.
(ii) correspondence (and documents showing the content of each oral communication) between the system and applicant (or any other electric system) relating to the cessation or initiation of service to each such customer.
- 4. (d)
With regard to each industrial or commercial entity (located within or adjacent to the area served by the system) which the system has refused, or declined the opportunity, to serve since 1960, provide:
(i). correspondence (or documents showing-the content o'f each oral communication) between
8.-
the system and each employee or agent of each such entity discussing why the system did not serve such entity.
(ii) correspondence (and documents showing the content of each oral communication) between the system and applicant (or any other electric system) relating to the system's failure to serve each such entity.
(iii) any document or group of documents which shows the name, address and classification (e.g., commercial or industrial) of each such entity and whether said entity was located within the municipal boundary at the time of the system's failure to serve it.
- 4. (c)
Provide any document or group of documents which show:
(i) each increase or decrease in the geographic area served by the system (including, but not limited to, changes in area resulting from municipal annexation, condemnation, or agrecments with other electric systems) e
., (ii)~ the number of residential, commercial and industrial (totaled by classification) cus-tomers included within each such area at the time of each such increase or decrease, and the annual kilowatt-hour demand of each customer classification for the year in which the change occurred (iii) the date and size (in square miles) of each such area increase or decrease, and (iv) the extent to which each increase or decrease in areas served affected competition
'for retail customers between the system and applicant (or any other electric system).
5.
Furnish copies of each of the following:
(a) all documents prepared 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, revenues, profits and/or number of customers served;
. (b) all documents prepared by or for the system, or on which the system relied, des-cribing.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; (c) all documents relating to any denial of electric service or decision not to seek the opportunity to serve any customer.
6.
' Furnish citations to and copies of each provision of any municipal bond indenture, municipal ordinance, cn other county, township or municipal rule, regulation or
. order which relates to the authority of the system's municipality or any agency or department thereof, to:
(a) construct system facilities outside of the municipality; (b) construct system facilities for the sale of electricity outside the municipality; A
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. (c) share the ownership of electric facili-ties with any other utility 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.
Provide studies, reports or memoranda prepared by or for the system with respect to any of the following:
(a) the system's costs of obtaining bulk elec-tric power supply through (i) self-generation by the system itself, (ii) joint ventures with other electric systems, (iii) unit purchase or owner-ship interest in any n'uclear electric unit, (iv) interchange or coordination arrangements with applicant (or any other electric system),
(v). wholesale purchases from applicant (or any other electric utility),or (vi) wheeling over transmission lines owned by applicant (or any other lower Michigan electric system).
(b) the feasilility, desirability or cost to the system of any proposal considered (or adopted).by the system to install or expand
.... <. ~
generation or transmission capacity (either alone,or jointly with any other entity).
(c) the technical and/or economic feasi-bility of the system's construction of generating and/or transmission facilities.
(d) the technical and/or economic feasi-bility or desirability of the system's providing electric service to one or more entities (within or adjacent to its service area) with demands of over 500 kilowatts each.
8.
Furnish copies of the following:
(a) all coordinating or integrating agreements, contracts, or understandings for the sale or exchange of electric power and energy between the system and any other elec-l tric utility now in effect, or in effect at any time during the period January 1, 1960 to date (exclude any such agreement with applicant).
(b) any prospectus or other reports filed with any government entity or issued to the public which reflects the financial, operating or competitive condition of the system.
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Furnish 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 act'.mns, joint or several, to prevent admission of such electric utilities.
- 10. Provide any document or group of documents showing each of the system's management positions, the name of the individual presently occupying such position, and the chain of command and areas of responsibility of each such position.
- 11. With regard to activities or other efforts by or on behalf of the system (or its employees or agents) designed to attract commercial or industrial facilities i
to locate within (or adjacent to) the area served by the system, provide:
(a) documents analyzing or evaiuating the purpose, effect, feasibility, or desirability, of such actions or efforts.
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. (b) all documents publicly disseminated by or on behalf of the system (or its employees or agents) in connection with any such action or effort.
(c) all correspondence and promotional literature prepared by or for the system in connection with an-1 such activity or effort by the system.
(d) any document or group of documents which show the number of prospective industrial and commercial customers contacted by or on behalf of the system in connection with any such activity or effort for each year from 1960 to date.
- 12. (a)
Furnish a copy of the system's charter, and other documents issued to the system by any local governmental entity which empowers the system to
- organize or to provide electric service.
(b)
Provide any document, or group of docune..'".
which shows the rules, regula'tions or by-laws promul-gated by the system with regard to its organization or j
4
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,.... electric operations and all revisions or amendments thereto.
13.
Furnish a copy of each municipal ordinance or other regulation, rule or order issued by the system or the municipal government which contains a require-ment that any person or any class (e.g., by size or location) of persons obtain their electric power requirements from the system.
If any such requirement exists but is not fully described in the foregoing documents, furnish each document which reflects any practice or policy of the system to require any person or class of persons to obtain electric power requirements from the system.
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' APPENDICES.:B'
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UNITED STATES OF AMERICA FOSTAL RATE COMMISSION WASHINGTON,: D. C.
20268 Mail Classification Case,1973 )
Docket No. MC73-1 Notico Establishing Time for Filing Requests for Limited Participation (I'cbruary 6, 1973) 4 On January 30, ~ 1973, the Commission noticed this proceeding and provided that petitions for leave to intervene should be filed by
. February 26 (38 F. R. 2800). Thercafter, on February 5, the Com-mission adopted now rules providing a means for persons to partici-pate in Commission proceedings without becoming full parties.
These rules are published ciscwhere in this i s a u e of the Federal Register.
In the case of persons who wish to pppear in Commission pro-ccedings on a limited basis, the new rules can case the expense of pr.rticipnilon. Such " limited participators" may present evidence, cross-examino, and file briefs before the administrative law judge.
They will not,'however, be required to answer interrogatories, to produce documents) or otherwise he cubject to discevery procedures.
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inlU GEORGg ggEGEL
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- Docket No. MC73-1.
The effects of the new " limited participator" rules' arc spelled out in the Preambic to those rules.
If any persen desires to be heard in this proceeding as a
" limited participator," that person 'should file a request to do so with the Se,cretary, Postal Rate Commission, Washington, D. C. 20268, 6n or before February 26, 1973. Any person who has filed or has taken steps to file a petition to intervene may signify by a 1ctter that he wishes to be granted limited participation under the new rules, rather than full intervention. Such letters should be filed promptly with the Secretary.
By the Commission.
W4 h s7 Joseph A. Fisher Secretary y
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UNITED STATES OF AMERICA POSTAL RATE COMMISSION WASHINGTON, D. C.
20268 Before Commi ssioners: Chairman Crowley, Corrmissioners Baily. and Ryan Limited Participation in Commission
)
Docket No. RM73-2
. Proceedings by Persons Not Parties
)
ORDER PROMULGATING AMENDMENTS TO RULES OF PRACTICE AND PROCEDURE (Issued February 6,1973) 9 In the Advance Notice of Rulcrnaking Regarding Proposed Revisions to Rules of Practice and Procedure, Docket No. RM'i3-2, publiched in the Federal Register en August 16,1972 (37 F. R.
16554), the Commission invited interested parties to submit com-ments for revision of procedural provisions cf the Commission's Rules of Praciice. and Procedure. Proposals were received for revising a nuraber of Rules, and these are currently under consid-eration.
Expressly referred to in the Notice was a proposa to llow
. limited participation in Commission proceedings, permitting a person who did not choose to avail himself of the full hearing rights granted formal parties a means for placing before the Commission his position on any ~of the issues in the case. This proposal assumed a,pecial ci;,nLic:. ace in liyt ei the forthcoming claan.ification case, notice of which wan publinhed in the Federal Register on January 30, 1973 (38 F, R. 2800). Accordingly, thia aspect of Docket No. RM73-2 is being considered at thir: time independently of tho other matters in' th'c docket.
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I Comm:nHng in favor of a rule allowin,g limited participation w' r'e Second Class Mail Publicationo, Inc., American Retail Feder-e atien, Fairchild Publicationo, Inc. and Magazine Publishers Associa-tion. ;The Postal Service aluo supported the concept but argued that
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cu:h strtus muct "accci.t 15.c Iceser rights which that status' confers along with the lesecr obligations it impose.c. .I/
No commento opposing the adeption of cuch a rule were received. In essence vihat supporters of the rule seek is the opportunity to state their views on the record without incurring the burdena in effort and expense that full participation in langthy and complex proceedings frequently entails. Their_ comments do not set forth with any cpec -
ificity what the scope of such participation chould be; but they cito as exampics of what they scck 14 C. P. R. S 302.14(b) and 49 C. F. R.
51100.73, rulco cf the CAB and ICC, respectively, which provide for limited intervention in the proceedings of those agencies.
As indicated in the Notice, the Commission favors a relaxation of the rules to allow limited participation by those who do not desire At the same time we rec-to become full prtice to our proceedings./
ognize, as do the proponents of the rule,2 the merita of the Postal Service view that such a rule should not be one-sided. Otherwise it could become a means for securing the adyruttagcs of full-party ctatus while avoiding the obligationc placed on cuch partica. We believe the rights and limitations being prescribed strike an appropriate balance.
Perconc who chcoce to avail themoc1ves of the status of limited partic.*pators will have en adequotc opprtunibf to submit evidence rnd
- state their position on the issues without unduly delaying the progress of the hea;ing or impocing unwarranted burdens on formal partien.
The Commiccion wishes to emphasize, however, that the rules estab-lish significant differences between formal parties and limited partic-ipatorc, particularly in connection with discevery and the opportunity to be heard follcuing iusuance of an intermcdiate decision. Persons cetemplat:ng limited particip tion under the new rulec chould be mindiul of tac restrictions placed on their participation in the Com-mission procent.i ond alco of the cifact their deciaien may have on th Ir ; h.lia; ta n :' : pp:11dc rr vk e under.V) U. S. C. S3'-20.
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..a Pocial "
. ha :icn Act, 39 U. S. C.
S 3603, it in crdered that the Rulec of Practico and Procedure are 1_/ Reply Comments of USPS, p. 2 2/ Sec, c.n., Reply Comments of Fairchild Publications, Inc.
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cmended as set forth'bclow. Since the amendments are procedural 9
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not required, and -
in nah;re, notic'o and prblic proce ure t ereon are it is therefore further ordered that they ; hall become effective on 7,1973. /,cccrdingly, in light of the foregoing findings, Diornary cnd m~rer car:.61 concidoration of the ccmmenis roccived, the Com-mission hereby amends Part 3001 of its regulations (39 C. F.R. Part 3001), as follows:
~
3001.19a--
- 1. - Amend the Tabic of Contents by adding a new section Limited participation by persono not parties, as follows:
s x
Subpart A -Rules of General Applicability Sec. 3001.19a Limited participation by persons not parties 2.
Revise section 3001,5(h) to read:
$ 3001. 5 Definitions.
(h) " Participant" means any party and the officer of the Com-mission who ic designated to represent the interents of the general public and, for purposes of SS 300).11(c),12, 2.1, 23, 24, 3C, 31 and 32 only, it also means persons granted limited participation.
3.
Amend section 3001. 7(a) as follows:
S 3001. 7 Ex parte communicationc.
(a) Prohibition.' To avoid the possibility or appearance of im-propriety. or of prejudice to the public interest and persons involved in proceedinge pending before the Ccmmission, no person who is a party to any on-the-record prceceding or who is granted limited participa-tien in cccordence with 53001.19a, or his counsel, agent, or otiier shall volunteer or p:* :,on acting on hic bchcif, nor any interceder, ruhmit to My mnner of the Conimicrien oimember of his personal strff, to the p-eciding olticer, or to any emph> fee pariicip.uiag in Cie decinion in cuch procc edina, any ex p. rte off-the-record communica-tion rc.,,n. dine any m..w. :u 1:.:.uu ir. L e on-tha-recc::d.wcr eding, i
except as autholized by law; and no Cw.miv: foner, member of his personal etaff, presiding officer, or employee participating in the decision in such proceeding, uhmil request or entertain any such com-For the purposes of this section, the term "on-the-record munication.
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r proceeding" means a proceeding noticed purcu=t to S 5001.17. The prohibitions of this paragraph shall apply from the date of iccuance of such notice.
4.
Add a ncw section-3001.19a reading as follows:
$ 3001.19a Limited narticipation by narsons not vtrties.
i:
- Notwithctanding the provinionc of $ 3001.20, any person may appear as a limited participator in any case that io noticed for a pro-ceeding purcuant to $ 3001.17, in accordance with the following pro-visions:
(a) Form of requent.
Requests for 1 cave to be heard as a lim-ited participator chall be. in writing, shall act forth the nature and extent of the requestor's interest in the proceeding, chall include the name and full mailing address of the person or persons who are to roccive cervice of documents by the Secretary, and, except where good cauce for late filing is nhown, chall be filed not later than the date fixed for the filing of petitionn to intervene pursuant to S 3 001. 20(c).
(b) Action en reonests. As soon ac practicabic the Commission shall act to grant or deny requests for limited participation. The grant of a rcquect for limited participatien chall not constitute a de-termination by the Commission that the grantee has such an interest in the proceeding that he would be aggrieved by an ultimate decision or order of the Commiscion.
(c) Secne of narticivatien.
Subject to the provisions of
$ 3001. 30(f), limi;cd participators may present evidence which is relevant to the issues involved in the proceeding and their testimony shall be subject to cross-e:: amination on the came terms applicable to that of formal participants. Limited participators may file briefs or proposed findinge pur= nut.to $5 3001. 34 and 3001. 35, and within 15 days after the release of an intermediate decision', or such other time na may be fixed by the Conunincion, they may file a written statement of their poultion cn the issucc. The Commission or the presiding officer mey require limited participators having substan-tially li':c intercata and notitions to join together for any or all of the above purposes. Sections 3001,25 through 3001.28 shall not be appli-cabic_ to limited parfi.cipatorc. However, limited participators, particularly thone making contentionn under 39 U. S. C. $ 3622(b)(4),
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' arc advised that failure to provide relevant and material information
-in:suppo):t of their claims will be taken into account in determining the weight to be placed on their evidence and arguments.
5.
- 1. mend rection 3001,55 t6 read:
Q 3001. 55 Service by the Poctal Service.
a Immediately after the icsuance of an order or orders by the Commisnion designating an officer of the Commission to represent the interects of the general public or granting petitions to intervene in a proceeding before the Commincion under thic subpart, the Poctal
's Service shall serve copics of its formal request for a recommended decicion and its prepared direct evidence upon such officer and the parties permitted to intervene as provided in S 3001.12. Such serv-ice shall also be made on persons who have been granted limited participation.-
6.
lanend section 3001.65 to read:
$ 3001. 65__ Service by the Postal Service.
Immedittely after ihe inzuance of an order or orders by the Commission designating an c!!icer of the Commission to represent the intere:.ts of the r,enerel public or granting petitions to intervene in a proceeding before the Commicsion under this cubpart, the Postal Serv!ce ch:1) serve copics of its formal request for a recorrunended decision and its prepared dircut evidence upon such officer and the parties permitted to intervene as provided in 5 3001. I 2.
Such serv-ice shall r.lco be made on persons v.ho have been granted limited participation.
7.
Amend section 3001,75 to read:
,5 3001,75 Service by the Po..te.1 Service.
Im.wdinf ely rfter the iscuance of an drder or orders by the Commiscion designating an officer of the Commission to represent the interonl: M the nmmrni public or granting petitions to intervenc in o p: oceer.ing before the Commi:ision under this subpart, the Postal Service chall serve copics of its formal request for an advisory opin-ior and its prepared direct evidence upon cuch officer and the parties permitted to intervene as provided by S 3001.12. Such service shall s
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6-r also be made on persons who have been granted limlied p 2ticipa-tion.-
'(Sec;ionc ~3603, 3622-3624, 3661, 3662 of the Poctal Reorganinction Act; 84 Stat. 760-762, 764; 39 U.S. C. SS 3603, 3622-3624, 3661,
. 3662; 5 U.S. C.' S 553, 80 Stat. 383-3G4.)
.By th6 Commiscion.
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Joseph A. Ficher Secretary 6
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