ML19329F209
| ML19329F209 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 11/05/1973 |
| From: | Joseph E Pollock MICHIGAN MUNICIPAL COOPERATIVE POWER POOL, SPIEGEL & MCDIARMID |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006230732 | |
| Download: ML19329F209 (27) | |
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UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMI'SSION In the Matter of )
Consumers Power Company
) Docket Nos. 50-329A J
) 50-330A (Midland Plant Units 1 and 2) )
- )
MOTION 'IO PRODUCE NON-PRIVILEGED DOCUMENTS To: Jerome Garfinkel, Esquire, Chairman, Atomic Safety and Licensing Board i
Pursuant to the Board's Order at the last Prehearing conference held on October 22, 19 73, Intervenors, through their undersigned counsel, has examined a sampling of the so-called non-privileged documents in the possession of Consumers Power company's Washington counsel which were withheld on a claim that they were not relevant c: germane to L % Joint Request of Department of Justice, AEC Regulatory Staff, and Intervenors for Production of Documents by Applicant for Period Since January 1, 1960. As a result of this examination, Intervenors file this motion requesting that certain of these documents' sampled be produced for copying, and further, that with specific exceptions spelled out herein, that counsel for Intervenors be permitted
,8006230 7 3 q a
, 'S to inspect the remaining 80% of the documents withheld. As i
reasons for this~ motion, Intervenors state as follows:
- 1. 'Through an agreement of counsel, documents repre-senting 20% of the total, bearing the number 5 in the coded numbering system of Consumers Power's counsel, were made available u
as the sample. These documents, approximately 1500 in number, represented a total of approximately 2600 pages. Counsel for Consumers Power.had numbered the backs of the pages for positive I
' identification. We do not know what total the sample would repre- ,
sent.in'pages since the sample was 20% of the total documents.
- 2. ' The claims of non-relevancy is clearly representative of several of the documents examined since the dates of those documents preceded 1960. Under prior Board rulings, we did not a
request ~any documents dated prior to 1960. With respect to the I remainder, we will demonstrate that we should be permitted to o
examine all of the remaining documents covering the period 1960 to date withheld by counsel, since it is clear that a majority of the documents exa.nined should have been furnished in response to the Joint Request.
- 3. The documents which we seek from the sample are the following:
U Page Number Document Description Joint Request No.
6-7 .,'Mano: T.LSummers from R.L. Paul 5 (a) , 3(c)
City of Essexville, Duplicate Service July 31, 1969. "Further, I do not believe 4
that we need to be' concerned about the City of Bay City being able .to~ supply electric
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s Page Number Document Description Joint Recuest No.
service comparable to what can be obtained by these suggested improve-ments. The City would not have two sources available and we would not stand by to the City's service."
9 Memo: R.L. Paul from T. Summers, July 5(a) ; 3(c) 17, 1969, Essexville Waste Treatment Plant Stan$a( Electric Service.
"I,n reevaluating possible methods of serving this customer, please Keep in mind that he has the alternative, not only of installing his own standby generator, but Bay City Light Department is continually looking for reasons to expand into the Essexville area, which they do not serve at present. This load could be picked up very easily by them."
11 Mcno: R.L. Paul from G.L. Heins, April 24, 5 (a) ; 3(c) 1969, Essexville Sewage Treatment Plant Service Inquiry No. 412. Does not recommend automatic throwover; past history does not justify. Total cost of second dis-tribution source - $11,500. (Note: in 4 document 9 customer will contribute $20,000) .
12-13 Memo: A.C. Fagerland from R.L. Paul, March 5(a) 31, 1969. City of Essexville. Request for review and recommendation - Service Inquiry 412 (Tied to above documents) .
19-20 Letter: Louis Eyde from R.L. Paul, October 5(a) 9, 1970. Unhappy customer wants Lansing Board of Water & Light Service. Consumers Power Co.
4 contributed to installation of space heating and water heating e'quipment in this apartment complex. Now Paul refuses to release customer to Lansing.
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' Pace Number Document Description Joint Request No.
21 Memon R.L. Paul from R.A. Conden directing him to prepare answer to letter. Letter above (19-20).
23-49 Minutes of Meeting of Interhn Committee 5 (f) (2) created by Senate Concurrent Resolution No. 5(h) 23 to study the disposidon of a heating 5(j) plant located at Kalamazoo State Hospital held in the Senate Appropriations Committee Room of the State Capitol Building, Lansing, on September 10, 1964.
At this meeting R.L. Paul made a presenta-tion including figures which shows that it is more economical for the State to operate a heat and power plant than to have Consumers Power ta'ke over. Comparison is made of costs of total generation versus combination of generation and purchased power. In this analysis
, Consumers Power Co. makes Rate D available where previously the customer had been served under higher Rate C.
50-68 Meeting Minutes of Committee above held on July (as above]
15, 1964.
At this earlier meeting it was stated that self generation is more efficient than pur-chase from Consumers Power Company.
69-71 Memo: Initialed R.L.P. dated 10/14/64 (as above)'
Meeting of Legislative Interim Study Com-mittee Kalamazoo State Hospital - Western Michigan University - Steam Electric Require-ments. Discussion'of figuren submitted by State Buildings Department an which the Consumers Power Co. proposal is shown to be in error. R.L.P. gives defense.
72-73 Memo: ' Initialed R.L.P. dated 9/10/64. ('as above)
Report on meeting of 9/10/64 documents 23-49 above.
75-76 , Report on Consumers Power Study team dated July 25, 1964. Signed R.L. Paul, dated l
l Pace Number Document Description Joint Recuest'tio. ,
7/29/64. The importance of the Kalamazoo Plants (documents 23-49) to Consumers Power Co. is discussed -
$500,000/ year for electric service.
84-86 Memo: M.H. Gerhard to Hahn, Henry, 3(c);
Holtgrieve, Lawlor, Swerwood, dated 5 (a) 3/13/64. Attached 2 pages list of State institutions and funds allocated for power plant and heating plant installation.
"I would appreciate knowing any competi-tion we may have concerning these installations."
97 City of Coldwater.- New Electric Contract
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3 (f) ;
Tables Showing Actual Use, Present Rate, 5(j)
Proposed Rates. Compiled by P.C. Webb october 22, 1964.
102-3 Memo: C.J. Herron from T.F.Devereaux Rate 8(j)
Sche'.ules - Village of Sebewaing, 4/5/72.
108 Memo: -R.E.Gillette from R. E. Albrecht 5 (f) (2) (1) dated July 18, 1966. Showing cost of pro-viding wholesale power to City of St. Louis.
111 Memo: From W.L. Sherwood dated- 3/3/66. 5 (f) (2) (i)
City of Zeeland Tie .with REA. Tie with i Consumers Power would be fruitless to propose i to Zeeland because of the monthly minimum charge.
112-3 Memo: W.L. Sherwood to M.H. Gerhard 5 (f) (2) (i) dated 9/9/63. Discussions with Zeeland about interconnection with Consumers Power.
Shows why Zeeland connected with REA.
144 "The Hard Way" clipping from Forbes, December 5(j) 1, 1963. Relating how Detroit Edison cut costs
- . of -operations rather than raise rates.
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. Page Number Document Description Joint Request No.
149-152 Topics for Discussion: Planning 3 Committee Meeting, Ann Arbor, January 26, 1962, initialed A.K.S./js. "What
. reservu and capability should we report to EEI, FPC, Public?"
153-155 Consumers - Detroit Edison Planning 5 (n) ; (o) ;
committee Meeting January 26, 1962. 9(a)
Discussion of how to compute pool reserves; also data on costs of pool activities.
424-425 Letter: David A. Hamil, REA from B.G. 5 (f) (2) (i)
Campbell dated September 17, 1969. Objects to REA loans to Southeastern Michigan and Wolverine Electric Cooperatives.
426-428 Letter: Claud R. Erickson from R.L. Paul 5(j) dated June 6, 1969 with attached speech to APPA by Erickson. Paul says small municipals do not charge lower rates than Consumers Power.
429-431 Letter: R.A. Conden from C.R. Leeper dated 3 (c) ; (f)
December 13, 1966. Compilation of resale customer data. Shows desirability of main-taining resale rates so as to preclude cus-tomers from going into isolated generation which might use fuels other than natural gas furnished by consumers Power.
442-446 Letter: W. Boris to Robert W. Hartwell dated 5 (c)
May 8, 1972. Asks for Detroit Edison to support opposition to S.B. 633, the 25%
amendment bill. Handwritten notes indicate ,
Detroit Edison does not join in opposition.
447-448 Letter: M. Bryan McNulty (AEP) from Marvin 5 (1) (b)
W. Keck (Toledo Edison) . AEP concept of third party short-term power wheeling , charge and increased energy charge, questioned by Detroit Edison's Falk and Consumw:s Power's Kaiser:
- 1. Why use AEP investment only?
- 2. Why use total transmission system?
- 3. Why divide by peak load rather than capacity?
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e-Pace Number Document Description Joint Recuest No. I
- 4. Why apply to future possible MIIO arrangements; for example between Toledo-and C.P.?
- . 5. Why apply full charge, when only some portion ;
4 of a transaction flows through an intermediate j' - system?
6.. How do you differentiate between circula-
, ting power and flow-through power?
l 7. How firm is power " dedicated" by inter-I mediate system?
- 8. Why charge for 100% of the duration of a
. transaction when power may be wheeled only part of th'a time?
1 9.. Why apply extra 5% surcharge when over- [
- head may be actually less? A.K. Falk, 5/15/70 -
449-465 Memo: To Division Managers from R.L. Paul 3 (a) ;
l with attached statement of B.G. Campbell 5 (i)
] before the House Agricultural Committee
! on H.R. 1400..*cc: B.G. Campbell, W.A.
] Hedgecock, H.P. Graves, E.R. Wheeler, R.A.
Conden, F. Perry. '
4 "If such an REA Bank is established, as proposed, we could expect considerably greater
. expansion of the G&T cooperatives and increased competition from the distributing cooperatives-l in our area." -
l 466-70 Memo: B.G. _ Campbell from C.F. Brown, dated ' 3 (e) , (d);.
- April 6, 1972. Delta Township Annexation 5 (q) e i
Lansing.
"Perhaps we should consider developing a good offsnse and attengt to take territory from the
- Board i.e. , outside corporate limits of Lansing L and including Delta Township and the City of
- East _ Lansing. Obviously_this would provide con-l-
siderable stress, but would eliminate the primary '
. need .for the 50% bill." -
1 471 Memo: R.D. Allen from M.H. Gerhard dated 10 (b)
,, : 4 /12 /6 1.
" ' . . . we have been. successful to date in keeping the (Kalamazoo) hospital from adding additional generation."
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Page Number Document Description Joint Recuest No. !
l 472-474 Memo: O.R. Eichenberger from G.L. Murphy- 5 ( f) (2) ;
dated 7/16/64. Western Michigan University 5 (b) ; 5(g)
Kalamazoo State Hospital Meeting.
"What are we trying to sell? The following:
a.)Save $200,000per year of present electric business. b.) Sell $300,000 per year of future electric additional business. c) . Sell $270,000 per year of present gas business. d) . Sell
$100,000 per year of future additional gas business. -$970,000 total.
At stake we have approximately $1,000,000 revenue per year."
475 Memo: Lansing Board of Water and Light. 5(c)
R.L. Paul dated 7/21/71. Meeting between Earl Brush and Campbell, Wall, Paul. Brush says that Lansing received inquiry from Depart-ment of Justice but Lans ing does not intend to answer. Brush asks that Consumers Power not oppose the amendment to the 25% rule.
Consumers Power refuses citing problems with Grand Haven, Traverse City and Bay City.
478 -Memo: B.G. Campbell from C.F. Brown dated 8 (a) , (b) 2/25/72. cc: Hedgecock, Conden, Paul, Howell.
"If the proposed 50% bill is ultimately passed, and perhaps some type of favorable decision on the court case pertaining to the sharing and '
wheeling of power, it is obvious that the Board
[ Lansing] will be looking for avenues to dispose of their excess' generating capacity. . . .I would hate to see the Board become the future power supplier to these municipalities." -
583-587 Memo: B.G. Campbell from W.J. Jefferson dated 3(c) 7/28/71. Benefits' of Improving System Load Factor and Effect of Electric Space Heating Business on Consumers Power Company. Add 100,000 KW of space !
heating and make $2,300,000 of revenue in' excess j of an 8% return.
588-590 ,-
Memo: Aymond From'W.J. Jefferson, dated 3 (f)
, 2/29/72. Rate Department Projects. Company is losing approximately $600,000 per year in revenue j l
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Page Number Document Description Joint Recuest No.
from customers billed on residential rates who are really commercial or industrial customers. Three Rate People-to conduct a survey would cost $ 35,000 per year. Company is losing $265,000 per year in revenue on customers on water heating rate who do not have water heaters. This was last checked in 1960. A program costing
$ 165,000 could net the Company an additional
$175,000 in revenue.
886-889 Working Papers Projected Fuel Cost dated October 14, 1971. 5(h).
893-907 Agreements Reached at Pool and Management 5(o)
Meetings since January 5, 1965.
908-924 Decisions made in 1965 (Michigan Pool) . 5 (1) 927-972 Pool Operating, Planning and Administrative 5 (1) (a)
Committee's Recommendation for Additional Gas Turbine Capacity in 1967.
933-934 Price Comparison. Karn-Campbell 21(d)
Gas Turbine Generating Units, initialed GHQ, 4/8/66.
1035-1042 Pool Administrative Committee Meeting Minutes dated September 4, 1964 on meeting held on 5 (1) (a)
August 12, 1964. Discussion of the importance of the Ontario Hydro tie to Michigan Pool.
1042-1063 Memo: Pontiac Division H.R. Wall, R.A. Lamley 9 (a) , (b) from A. R. Gramm dated 3/1/65. Discussion on how Consumers Power Company can retrieve loss of
$262,000 per year in reduced rates to Pontiac Motor Division. One : method - use Detroit Edison's lines to wheel power.
1089-1093 Studies .of Energy Flow Classifications Between 8(c)
Ontario and Michigan, initialed A.K.F. dated 11/18/66.
Pace Nu'bers m Document' Description Joint Recuest No.
1113-1115 Memo: H.R. Gramm from E.H. Kaiser dated 8(b)
. April 25, .1966. Mid2 igan-Ontario Inter-connection Agreement Accounting - Showing energy charges etc. ,
1116-1131 MIIO Planning Committee Meeting 72-1, 19 April 13, 1972. Discussion of costs of
, shared energy between parties.
1139-1145 Memo: John F. Libbe from E. H. Kaiser 19
-dated Dec. 6, 1971. Marked-up copy of Consumers Power Company notes on MIIO meeting.
- 1181-1202 October 1971 Study of MIIO Transfer capabilities 19 for Summer 1976. Presented to the MIIO Planning Committee by the MIIO Transmission Studies I Task Force. Provides methods by which inter-change capabilities are obtained.
-1213-1223 MIIO Planning Committee Meeting #70-5 19.
December 10, 1970. Proposed new rates and charges for. service schedules under existing
, MIIO Agreements. Michigan wants demand charge applied to all transactions - 404/kw per week to third party transactions of one week or more and a~ rate of 104/kw~per day for a period of less than one week. For both rates an energy charge of.out-of-pocket plus 10% would apply. In addi-tion, ' Michigan and AEP are consideririg a banking procedure for emergency transactions.
1247-1248 . Memo: W. A. Hedgecock from L. L. Shepard, 3.(c)
- dated Augus: 16, 1968. Winonah Park Building,
[~ Company Suite Bay City. Recommendation to take a .one-year lease at S400 per month on suite.
Building. is .ncnr served by Bay City Light Depart-ment. Consumers Power will-ask for ser+ ice.
1252-1321 : Power Pooling Agreement between Detroit Edison 9
- ' and ' Consumers Power Company- 1963. (We have been
. furnished an agreement dated 1962) .
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I sw Page Numbers Document Description Joint Recuest No.
l 1361-1363 Memo: S. H. Howell from J. F. Donnelly 19(e) dated September 8,.1972. 1978 - 800 MN coal-fired unit. Conceptual estimate of capital requirements, showing contrast with 800 MN nuclear unit.
1364-1373 1981 Nuclear Unit vs Fossil Unit Study - 19 (e)
Summary. Note on front from E. H. Kaiser says there is a voluminous detail study too.
1374-1376 Memo:. Edison Sault Electric Co., 8/15/72, 10 (c) signed by E. H. Kaiser 8/11/72.
1379-1381 Should Grayling sell its electric plant? 5 (f) (2)
Opposition to buy out by Consumers Power Company,-dated October 9, 1961.
1382-1394 Memo: R. A. Lamley from A. L. Hauter dated 19(e)
September 7, 1972. Quanacassee Plant Bid Evaluation and Recommendation. Shows details pertaining to outage for maintenance, etc.
1505-1509 Memo: Aymond from W. J. Jefferson dated 10; 5(k)
August 30, 1963. Possible effect of FPC (viii) jurisdiction over electric wholesale rates with tables showing revenues from municipals and cooperatives.
1603-1605 Memo: J. B . Falahee from E. H. Kaiser dated 3 (a)
December 27,-1967. Showing what Lansing's mutual emergency capacity would be if the Holland formula is applied.
1638 Memo: J.-M. Bruger.cc: Wall, Mosley, Hume, 5 (j )
Lamley,. Kaiser dated March 10, 1972.
Lansing and Ho'lland' Reports.
5 (e) (b)
'1779-1769 (Numbered backwards) . Minutes of MIIO Planning Committee Meeting #70-3, March 25, 1970.
Discussion of difference of opinion between AEP and Michigan over free use of transmission
, system.
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Page Num'ers b Document Description _ Joint Reguest No.
1795-1783 (Numbered backwards) . Transmittal by 5 (e) (b)
John F. Libbe of final minutes of MIIO Planning Committee Meeting # 70-3 dated August 10, 1970.
1809-1796 (Numbered backwards). Transmittal by John 20 F. Libbe of minutes of MIIO Planning Com-mittee Meeting # 70-4 of August 5, 1970.
1812-1810 (Numbered backwards) . Memo: B. D. Hilty 8 (a) from J. P. Barstow attaching: " Vicious attack on tax-paying utilities" by Cherry-land Cooperative .
1820-1818 (Numbered backwards). Letter: John N. Keen 3 (a) from R. L. Paul dated May 10, 1972. Contract negotiations with MMCPP.
1830-1829 (Numbered backwards). Memo: EEK - 2/9/70 3(a)
Gainesville Utilities Department vs FPC with attached table showing Lansing negotiations l with comparison of Gainesville, Consumers J Power Company possibility, Lansing proposals. l l
1837-1836 (Numbered backwards) . Letter: Dan R. Brugeman 3 (e) from M. L. Bruce dated May 13, 1969. Report on meeting with Scard Member Richard Clement of i l
Southeastern Michigan Cooperative on obtaining power from Detroit Edison rather than Consumers )
Power.
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1851 Memo: G. L. Heins from A. P. Wurmlinger/A.C. 3(a) l Ericson dated October 16, 1970. Wolverine Electric Cooperative Interconnection. Meeting in Jackson with Al Hodge. Request by Wolverine i for 75.Mi of power cannot be supplied by consumers ;
Power Company.
1853-1852 (Numbered backwards). Memo: G. L. Heins from 3(a) I A. P. Wurmlinger dated October 13, 1970. Wol- I
,verine Electric Cooperative interconnection. Con-sumers_ Power cannot provide 75 MN required by l I
Wolverine.-
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3 Pace Numbers Document. Description Joint Request No.
1854 Proposal.to eliminate present 30-year 5 (b) life of franchises for public utilities.
Article VIII Section 29.
1924 Power Pooling Agreement - Spinning Reserves 8 (e) signed TRM 4/8/66.
1927-1928 Memo: H. P. Graves from S. H. Redner. 5 (c)
Meeting with MPSC on jurisdiction over i electric cooperatives _in Michigan. MPSC does not exercise sanctions, observes
" Gentleman's Agreement" as to raiding !
customers.
1968-1930 (Numbered backwards) . NAES package on H.R. 1400. 6-(a) 1 (The REA Bank).
1993-1983 -(Numbered backwards) . Letter: To John Keen 3 (a) dated June 13, 1970. Preliminary proposal
- for_ interchange and wholesale power purchase agreement between Consumers Power Company and Wolverine.
1994 Memo: R. A . Conden, J. B. Falahee from R. L. 3(a)
Paul dated June 24, 1970. Proposed letter to Wolverine Electric Cooperative: "We must be careful that this proposal would not allow Wolverine to-circumvent or be freed from some of the provisions of our standard wholesale rate and agreement."
1998-1996 (Numbered backwards) . Memo: J. B. Falahee 3 (a) from R. L. Paul with attached letter to John
, Keen, re - Contract negotiations , April 28, 1972.
f-2001-2003 . Memo: W. A. Hedgecock, G. L. Bnrnes from L..L. 3 (c)
Shepard dated June 28, 1968. Reciprocal-agree-ments Bay City Division.
2007-2008 ' Press Release: " Consumers Power Executive 8 (a)
Charges REA' Administrator Clapp Condoned Coop
' Irregularities Enabling Power Supplies To
-Municipals". Copies to Staff Members and C. A.
England from B. D. Hilty dated August 8, 1966.
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O Page Numbers Document Description Joint Recuest No.
2015 Nuclear Fuel Cycle Costs 1970 - 1989 21(d) 2037-2038 Letter: L. A. Vaupre'from D. J. McGowan 5 (f) (2) dated Hovember 14, 1962. Robb M. Wins-borough, Vice President of Middle West Ser-vice Company, 20 North Wacker Drive, Chicago, Illinois, plans to discuss lease of Bay City Light and Power.
2039-2040 Meeting - Bay City Division Personnel with 5 (f) (2)
Winsborough, November 19, 1962. Methods to (iii) compete with Bay City LigQt Department in-cluding operation kitchen, in which Consumers Power personnel are to make informal contacts with Bay City Council Members. Attached key ideas or facts to use regarding the investor-owned electric utility business; items include the following:
"15. No need for a federal transmission grid.
- 16. No need for federal operation of atomic power.
- 20. REA coops are being used to advance government power."
2041-2042 Le,tter: Robert H. Walker, Holyoke, Mass. Water 3(d) and Power Company from J. A. Albertson, dated May 28, 1962 enclosing package of materials used in Bay City.
"Our own personal feeling (shared by others) is that the biggest ' boost' that Bay City could have would be to get rid of its Elec-tric Department."
2045 Memo: H. K. Bidwell from L. A. Vaupre dated 6 (b)
January 8, 1962. "As you know, we in the [ Bay City] division are very anxious that the City Fathers do not'go along too far with current agitation for a generating plant."
2055 Letter: Dr. A. E. Humphrey from G. W. Howard 6 (b) dated November 30, 1964. Proposes that Marshall
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Page Numbers Document Description Joint Request No.
could save money if the City purchased its total requirements from Consumers Power rather than continue to generate and purchase only partial requirements.
2058 Letter: B. G. Campbell from G. W. Howard 5 (f) (2) dated 6/8/62. "We de#initely feel that (i)
Marshall is making a mistake in their de-cision since it is not the most economical manner of operating their electric plant.
We feel further that as time goes on Mar-shall's electric problems will become a matter of public concern. Needless to say, we will be keeping- in touch with this situation."
2073 Letter: Walter Schneidenbach from James R. 3(a);
Searer, Channel 41, Inc. Letter of intent 3(e) for service by Consumers Power Company dated 10/19/70.
2074 Letter: Ken Clark from W. A. Schneidenbach 5(a);
dated 10/19/70. Requesting letter of intent 3(c) from Channel 41, Inc.
2075 Memo: W. A. Schneidenbach from R. L. Paul 5(a);
dated 10/27/70. Cancel all work on serving 3(c)
Channel 41, Inc. Searer had signed a binding service agreement with O&A Cooperative, which supplied low-cost power lines during construc-
. tion. After seeking legal advice, Searer can-celled his letter of intent to Consumers Power Company.
j 2089-2091 Allegan City purchase documents. 3(d)
-2102-2106 Minutes of the Joint Engineering, Marketing 3 (c) l and Operating Departments Meeting, December 1, 1970. "In cases where the prospective customer I 'is nearer to REA than to Consumers Power Company, t the Marketing Department will contact the cus-
- tomer and try to get him to relocate to be closer s_
7 Page Numbers Document Description Joint Recuest No.
the Consumers Power lines, if it is at all possible. "
2107-2111 Document dated November 27, 1972 signed by 6(a)
-Arthur W. Land, no addressee. Giving reasons why Consumers Power-Company opposes-Senate Bill 633 which would permit municipal utilities to sell electric energy outside their corporate limits to 50% of the amount sold within their corporate limits. Attached proposed amendments and the bill.
2113 Memo: H. P. Graves from R. L. Paul dated 6 (a) 6/9/72. Report on hearing before the MPSC on the 25% Rule.
2114-2122 Letter: Roger W. Hartwell from A. W. Land 6 (a) dated 4/6/72. Request Detroit Edison to help in defeating S.B. 633 and attaching materials used by Consumers Power Company in ~ opposition.
2123 Letter: B. G. Campbell from G. L. Carson 5 (f) (2) dated 2/26/60. Relates request by Lowell for Consumers Po'wer Company to purchase system.
2129-2130 Memo: M. H. Gerhard from G. L. Carson dated 5 (j )
12/3/63. City of Zeeland report on electric operations.
2131 Memo: R. L. Paul from W. L. Sherwood dated 3 (b) (2) 10/21/71. Relating conversation with M.
Hieftje on why Zeeland. intervened. Zeeland has no intention of ever requesting capacity from Midland unless forced to do so by ecology.
2132 Memo: M. H. Gerhard from W. L. Sherwood 5 (d) dated 2/16/62. City of Zeeland, Supplement to information regarding municipalities and current 1
status of Zeeland's REA tie.
l 2151 Memo: R. L. Paul from W. L. Sherwood dated 3 (c) 6/29/71. Consumers Power Company customers i l
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Page Numbers Document Description Joint Request No.
within the City limits of Holland.
2156-2157 Memos: Dated 6/27/67 and 7/10/67, City of 3(d)
Hart - possibility of sale of system to Consumers Power Company.
2160-2161 Memo: R. L. P. dated 3/25/67._ City of Hart - 5 (j) estimated wholesale power costs.
2166-2169 Letter: William Jefferson from G. M. dated 3(c)
June _21, 1965. Construction Aggregate Corp.
is only industrial customer served by Con-sumers Power Company in Ferrysburg, except for a few residential customers, others are served by Grand Haven Board of Light and Power. This account brings _in $40,000 per year revenue. Re-quest special relief for this customer due to heavy demand in November. Afraid account will be lost to Grand Haven due to excessive charges.
2170 Letter: M. H. Gerhard from B. G. Swift, dated 3 (f) 9/1/61. Construction Aggregate Corp and 6?%
ratchet by Consumers Power Company.
2176 Memo: L. L. Baush from M. J. Vandermolen dated 5(k)
August 29, 1963. William Hanna, attorney for Charter Commission, Ferrysburg. If we talk in right direction, and he becomes City Attorney, :
Ferrysburg will tax Grand Haven Board of Light !
and Power the same as. Consumers Power.
2202-2203 Memo: To All Division Managers from Romney 5 (i)
Wheeler, transmitting particulars of BGC's statement to House Agricultural Committee, showing extent Consumers. Power Company used news and advertising media to promote their
-view.-
2206-2213 Memo: R. L. Paul from C. T. Bayliss dated 3(c) 9/28/71. Documents concerning competition
, with Grand Haven in Spring Lake, Ferrvshurg, Evecett Township, Cherry Valley Township. !
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.'Page Numbers . Document Description Joint Recuest No.
"Our Marketing and Division Controllers 4-Departments have been contacting Company
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Friends' in the area to assure a reasonable
. turnout and successful election."
i' "The Mayor and the Council [ Spring Lake] concur in his1 [ William Robinson, Village Manager] feelings
- and are concerned about the fact that Grand Haven
_ Board of Light and Power is not regulated by the MPSC. They_are uncomfortable about this lack of control and the possibility of-being. subject to the whims.of a board controlled by a competing
~
community."
2214-2215 Village.of Spring Lake Franchise Proceedings 3(c);
May 24, 1971. Discussion of Grand Haven's 5(b) proposal to serve and comparable rates of Grand Haven and Consumers Power are given.
l.
2216-2217 ' Memo: R. Shall from R. L. Paul dated 9/7/71. 3 (c)
Proposal to serve-Sewage Treatment Plant; Con-sumers Power Company must acquire approval to
]_ serve from City of Grand Haven.
4 2219-2249 Letter: R. L. Paul from H. J. Smith, dated 3 (e)
- 3/28/68 attaching documents inviting Consumers ;
i Power Company service to Vroom Storage in
- - Hart.
2263-2264 Letter: Andrew Essenburg,-Jr., Mayor of 3 (f) R
! Charlevoix from B. . B. HiltY dated 2/29/72. ,
~ Changes in wholesale rate and fuel adjustment l f
' clauses. !
l 2310-2351L Minutes.of Planning Committee Meeting #69-1 5 (1) 0b) held.2/7/69. Discussion of transmissicn l plans and flows, .MIIO group and Michigan Pool. I 2353-2376 Pool Planning Committee notes dated January 2 19, 20
-1968. ~ Discussions of.intertie and pooling in-formation.- MIIO Group and Michigan Pool. ]
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.- - - - . , , . . , _ .--,,..~,,,-,,,~,--~n,. ,m,. ,,
PaanINumhara Document Descrintion Joint Request No.
2377-2387 Agenda - Michigan Pool Planning Com- 20 (b)
. mittee meeting, initialed E.H.X, dated 5/23/67. Cost of power to Consumers Power Company both for buying and selling power.
2413-2421 Memo: S. H. Howell from S. D. Lescoe dated 19(a);
5/22/70. Palisades Plant Costs. Consumers 5 (k) (ii) ;
Power and Detroit Edison own plant. Detroit 3 (a) (2)
Edison is entitled to 412/700 of the commer-cial power until Detroit Edison's next pool
~
unit becomes commercially available.
2430 Memo: C. Herron dated 11/13/70. Wolverine 5 (o)
Electric Cooperative Pooling Agreement.
2501-2505 Letter: Edward Frye, EII from Aymond dated 6 (d) 3/24/64. Re - Territorial disputes with REA.
.2528 Memo: H. P. Graves from R. L. Paul dated 5 (f) (2) 10/2/69. "If passed, this amendment would permit an election on the sale of the elec-tric system [Eaton Rapids] early in 1970."
2531 Memo: For File from J. A. Albertson dated 3 (c) 6/22/62. Showing Bay City Light Department customers inside city limits and outside city limits, handwritten note: "Also one copy of this in 'Do not touch file'."
2532 Letter: M. H. Gerhard from G. W. Howard 3 (c) (d) dated 2/11/63. ". . . it is felt that we should not pursue the municipal [ Marshall]
electric issue at this time."
253.3 Letter: To Citizens of Grayling dated. 3 (d)-
10/11/61, signed by B. D. Hilty and W. K.
MacGowan, in which citizens of Grayling are urged to vote yes to sell to Consumers Power Company.
2534-2535 Memo: .Keith B. Morris dated 10/11/61. 3 (d)
Pace-Numbers Document Description , Joint Recuest No.
Meeting with Lowell group to provide 3(c) service. REA group is competing. Con-sumers Power degrades-Wolverine service proposal.
2536-2541 Memo: B. D. Hilty from Ivan P. Norstrand 3(d) dated 10/2/61. Sale of Bay City municipal system.
2552-2554 Memo: Dated 2/11/65. Service to City of 5 (f) (2)
Manton. Consumers Power maintains its pur-chase did not guarantee service now re-quested.
2565 Letter: D. J. McGowan from B. D. Hilty 3(d) dated 9/29/61. Discussion of purchase of Grayling.
2566-2575 ' Grayling can solve a problem profitably". 5 (f) (2)
Questions and Answers about the recommended cale of the electric plant to Consumers Power Company.
- 4. It should be noted,that the documents listed and descr"7ed above do not represent all of the documents Which could have been requested as relevant to the joint document requests.
There were several rate studies and documents pertaining to the rate schedules of both the municipals and cooperatives Which were rele-vant since similar documents had been supplied by Applicant. There were many relevant technical reports concerning the Palisades. Plant and other plants which were not listed; and several minutes of various committee meetings relating to relevant pool activities were not selected.
V
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- 5. The convincing number of relevant documents found in this 20% sample make it mandatory that the remainder of the non-privileged documents be made available for examination. If the Board rules promptly on this motion and orders counsel to make the docu-ments available by November 15, 1973, the examination can be completed without any delay of the hearing schedule. We would suggest that all documents predating the 1960 cutoff be removed. This should signifi-cantly cut down on the burden of reproduction and examination.
- 6. The Board should also note that the contents of several of these documents directly contradict certain testimony submitted by the Applicant. While we have not had the time or opportunity to make an extensive study of the materials submitted by the Applicant, we do note that the documents . examined in this 20% sample provide a basis for insisting that the remainder of the documents would also be pro-ductive of information important to Intervenors in testing the vali-dity of the Applicant's testimony and studies.
- 7. -We would also note that the Department of Justice has.
been much more deeply involved in studies concerning Applicant's activities than Intervenors. For this reason we would suggest that the Pepartment of Justice, if they desire, be permitted to examine the remaining 80% of the non-prlvileged documents erroneously with-held by Applicant's Washington counsel. ;
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- 8. Case law supports the production of relevant discovery documents. As was stated by the Supreme Court in Hichman v. Taylor, 329 U.S. 495 (1947), "Putual knowledge of all the relevant facts gathered by both parties is essential to proper litigation. To that end, either party may compel the other to disgorge whatever facts he has in his possession." As Justice Jackson stated in concurrence to that opinion:
"It seems clear and long has been recognized that discovery should provide a party access to any thing that is evidence in his case."
As the Court of Appeals for the 9th Circuit pointed out in dis-tinguishing the powers of the FPC and those of the Federal Maritime Commission:
"The right of a private party to obtain, prior to hearing and out of the presence of a hearing !
officer, the relevant documents of an opposing private party for the sole purpose of examining and copying them in an effort to narrow and clarify the basic issues, to ascertain facts relevant to these issues, and to learn the exist-ence or whereabouts of other relevant facts, is of.the essence of the pretrial or prehearing dis-covery." FMC v. Anglo-Canadian Shipping Company, 335 F.2d 255, 260 (9th Cir. 1964).
If intervenors are denied their due process right to these relevant discovery documents, Consumers Power Company will have successfully manipulated the discovery process established by the Board. For i
example, at pages 17 and 18 of the testimony of Joe D. Pace, l this witness maintains that no comoetition for customers inside 1 l
)
-c -w corporate limits of municipals other than Bay City and Traverse City, and further, that the MPSC rules largely attenuate rivalry for new single phase customers in those areas served by both Consumers Power Company and the REA coops. These views are contradicted by a't least tiwo of the documents listed from the sample examined (Documents numbered 2151 and 2102-2106) , and we would expect to find others in the remaining 80% not yet examined.
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w a ,, , , , . . - , - - , , . g a , -- -. -.m-
WHEREFORE, for the foregoing reasons, Intervenors respect-fully request that the Chairman, or the co nmission, order counsel for Consumers Power Company to promptly produce the documents listed herein for copying, to make available the remaining withheld non-privileged documents for inspection by counsel for Intervenors by November 15, 1973 and permit examination of the documents by counsel for the Department of Justice if they so desire, and to grant with-out further motion subject to a motion to strike at the hearing, the production for copying of documents discoverad in this examination of the remainder claimed as relevant by either Intervenors or the Department of Justice.
Respectfully submitted,
_ O c. P,u JamE$ Carl Pollock One of the counsel for the Inter-vening municipals of Coldwater, Grand Haven, Holland, Traverse City and Zeeland, the Michigan Municipal Electric Association, the Northern Michigan Electric Cooperative a'nd the Wolverine Electric Cooperative.
November 5, 1973 Law Offices of:
Spiegel and McDiarmid 2600' Virginia Avenue, N.-W.
Washington, D. C. 20037 24 -
{)
- _j
UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION
)
In the Matter of )
)
Consumers Power Company ) Docket Nos. 50-329A
) 50-330A (Midland Plant, Units 1 and 2) )
)
CERTIFICATE OF SERVICE I hereby certify that the foregoing document in the above-captioned matter was served upon the following by deposit in the United States mail, first class or air mail, this 5th day of November, 1973.
Alan S. Rosenthal, Esq., Chairman Joseph Rutberg, Esq.
Atomic Safety and Licensing Atomic Energy Commission Board Panel 7920 Norfolk Avenue U. S. Atomic Energy Commission Bethesda, Maryland Washington, D. C. 20545 Abraham Braitman, Chief Jerome Garfinkel, Esq., Chairman' Office of Antitrust and Indemnity-Atondc Safety and Licensing Board U. S. Atomic Energy Commission U. S. Atomic Energy Commission Washington, D. C. 20545 Washington, D. C. 20545 Mr. Frank W. Karas, Chief Joseph J. Saunders, Esquire Public Proceedings Branch Department of Justice Office of the Secretary Antitrust Division Atonde Energy Commission Washington, D. C. 20530 Washington, D. C. 20545 Harold P. Graves, Esquire Wallace E. Brand, Esquire V .' P., and General Counsel Antitrust Public Counsel-Consumers Power Company Department of Justice 212 West Michigan Avenue Post Office Bor 7513 Jackson,= Michigan 49201 Washington, D. C. 20044 Dr. J..Venn Leeds, Jr., Hugh K. Clark, Esquire Post Office Box 941 Post Office Box 127-A Houston, Texas 77001 K'ennedyville, Maryland 21645 E
- s William Warfield Ross, Esq. Honorable Frank Kelly _
Wald, Harkrader and Ross Attorney General
-1320 - 19th Street, N . W. , State of Michigan Washington, D. C. 20036 Lansing, Michigan 48913 William T. Clabault, Esq. Robert J. Verdisco, Esq.
David A. Leckie, Esq. Counsel for AEC Regulatory Staff Antitrust Division U. S. Atomic Encrgy Commission Department of Justice Washington, D. C. 20545 Post Office Box 7513 Washington, D. C. 20044 Atomic Safety and Licensing Board Panel Mr. James.. B. Falahee U. S.. Atomic Energy Commission General Attorney Washington, D. C. 20545 Consumers Power. Company-212 West Michigan Avenue Jackson, Michigan 49201-
% eu t J*h ddmes Carl Pollock Law Offices of:
Spiegel and McDiarmid 2600 Virginia Avenue, N. W.,
Washington, D. C.- 20037 4 9
UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION
)
In the Matter of )
. )
Consumers Power Company ) Docket Nos. 50-329A
) 50 330A
-(Midland Plant, Units 1 and 2) )
)
AFFIDAVIT DISTRICT-GF COLUMBIA, SS:
J James Carl Pollock, being first duly sworn, deposes and says i that he is an attorney for the Intervening municipals of Coldwater, Grand Haven, Holland, Traverse City and Zeeland, the Michigan Muni-cipal Electric Association, the Northern Michigan Electric Coopera-tive and the Wolverine Electric Cooperative and that as such he has signed the foregoing Motion to Produce Non-Privileged Documents for l
, and on behalf of said parties; that he is authorized so to do; that :
- I he has read said Motion and is familiar with the contents thereof; i l
and that the matters and things therein set forth are true and correct !
to the bestfof his-knowledge, information or belief.
, l
, hw %t Pm dames Carl-Pollock l
l Subscribed and sworn to before me ,
thiy Sth day ,of , November 1973.
/
3
. kL_M s- . b tbbc4.14) !
. Notary Pub /ic- -
l My commission expires on September 30, 1974.
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