ML19329F212
| ML19329F212 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 12/13/1972 |
| From: | Brand W, Leckie D JUSTICE, DEPT. OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006230736 | |
| Download: ML19329F212 (8) | |
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UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION In the Macter of
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CONSUMERS POWER COMPANY Docket NoC 50-329A'>
(Midland Plant, Units
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50-330A '
i 1 and 2)
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APPLICATION FOR ISSUANCE OF SUBPOENAS DUCES TECUM
)
1 The Department of Justice respectfully requests the issuance of the attached subpoenas duces tecum pursuant to
'the Regulations of the Atomic Energy Ceaunission,10 CFR 2.720 and Section 2.740(f)(3) as amended 37 F.R.15133 in which the following electric utilities would be required to produce the documents referred to in the schedules for inspection and copying _by the Department of Justice.
Lansing Board of Water and Light
'123 West Ottawa Street Lansing, Michigan 48903
-Edison Sault Slectric Company 725 East Portage Avenue Sault St. Marie, Michigan 49783 The initial prehearing conference order dated August 7, 1972, states as the relevant matters in controversy:
The basic thrust of Justice's case is that (a) applicant has the power to grant or deny access to coordination; (b) applicant' has used this power in an anticcmpetitive fashion against the smaller
. utility..sys.tems; (c) applicant's said use of its power has brought into existence a situation incen-i sistent with the-antitrust laws, which situation would be maintained by activities under the licenses
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that applicant seeks.
Neither the intervening parties nor the Atomic Energy Commission's regulatory staff enlarge this scope.
Hence, the scope of the relevant matters in controversy is as herein outlined.
The documents referred to in the -schedule would assist in establishing Applicant's use of such power to deny the City of Lansing and Edison Sault Electric Company full access to reserve sharing coordination.
December-30, 1972, the time for return, is reasonable.
On request of the addressee we will, of coursa, waive personal appearance by a representative of the addressee and would be agreeable to return by mail accompanied by an appropriate certificate of compliance by the manager or. chief executive officer of the addressee utilities.
Respectfully submitted, f
WALLACE E. BRAND DAVID A. LECKIE Washington, D. C.
December 13, 1972 I
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i Lansing Board of Water and Light SCHEDULE A.
De finitions.
1.
" Documents" means all writings and records of every
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type made or dated January 1,1960, or thereafter, in the possession, control or custody of the addressee, its directors, officers, employees or agents, including but not limited to memoranda, correspondence, reports, surveys, tabulations,
charts, books, pamphlets, photographs, maps, bulletins,
minutes, notes, diaries, log sheets, ledgers, transcripts,
microfilm, computer printouts, vouchers, accounting state-ments, engineering diagrams ("one-line" diagrams), mechanical and electrical recordings, telephone and telegraphic communi-cation, speeches, and all other records, written, electrical, mechanical or otherwise.
" Documents" shall also mean copies of documents, even though the originals thereof are not in possession, custody or control of the addressee, and every copy of a document which contains handwritten or other notations or which other-
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wise does not duplicate the original or any other copy.
2.
" Coordination" and " coordinating" shall include, but at a not limited to, reserve sharing, economic dispatch or economy interchange, and pooling of load growth for joint or staggered additions of generating or transmission facilities.
" Coordination" and " coordinating" s. hall also mean joint ventures or the sharing of participation in the ownership, s
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operation or output of generating facilities and the sharing of ownership, construction, or use of transmission facilities.
B.
Documents Requested.
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Documents including' correspondence and memoranda pertaining to negotiations between addressee and Consumers Power Company for interchange of coordinating power 'and energy resulting in a contract dated October 7, 1970, including but not limited to proposals made by either of the parties other than those finally adopted.
Design drawings of interconnec-tion facilities and documents related to construction of facil-ities,except any contracts for cost sharing of facilitieg need not be supplied.
2.
Correspondence between Lansing and Dow Chemical Company concerning contemplated or possible electrical coordi-nation of those two entities.
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I Edison Sault Electric Company SCHEDULE A.
De finitions.
.l.
" Documents" means all writings and records of every type made or dated January 1,1960, or -thereafter, in the posses 11on, control or custody of the addressee, its directors, officers, employees or agents, including but not limited to memoranda, correspondence, reports, surveys, tabulations,
. charts, books, pamphlets, photo' graphs, maps, bulletins, minutes, notes, diaries, log sheets, ledgers, transcripts,
microfilm, computer printouts, vouchers, accounting state-t ments,_ engineering diagrams ("one-line" diagrams), mechanical and electrical recordings, telephone and telegraphic communi-cation, speeches, and all other records, written, electrical, mechanical or otherwise.
" Documents" shall also mean copies of documents, even though the originals thereof are not in possession, custody or control of! the addressee, and every copy of a document
. which 'contains handwritten or other notations or which other-wise does not duplicate the original or any other copy.
2.
" Coordination" and " coordinating" shall include, but are no't limited - to, reserve sharing, economic dispatch or economy interchange, and pooling of load growth fc" joint or l
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. staggered additions of generating or. transmission facilities.
" Coordination" and " coordinating" shall also'mean joint ventures or the sharing of participation in the ownership, 9
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operation or output of generating facilities and the sharing of ownership, construction, or use of transmission facilities.
B.
- Documents Requested.
' Documents including correspondence and memoranda pertain-ing to negotiations between addressee and Consumers Power Company for interchange of coordinating power and energy including but not limited to proposals made by either of the parties other than those finally adopted or presently proposed to be adopted.
Design drawings of interconnection facilities and' documents related to construction of facilities,cxcept any contracts for cost sharing of facilities, need not be i
supplied.
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UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION In the Matter of
)
)
CONSUMERS POWER COMPANY Docket Nos. 50-329A (N1dland Plant, Units.
50-330A 1 and 2)
-CERTIFICATE OF SERVICE I hereby certify that copies of APPLICATION FOR ISSUANCE OF SUBPOENAS DUCES TECUM, dated December 13, 1972, in the above captioned matter have been served on the following by
- deposit in the United States Mail, first class or air mail, this 13th day of December,1972:
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I Henorable Jerome Garfinkel Atomic Safety and Licensing i
Chairman, Atomic Safety and Board Panel Licensing Board U. S. Atomic Energy Commission i
U. S. Atomic. Energy Commission. Washington, D. C.
20545 Washington, D. C.
20545 Chairman, Atomic Safety and Honorable Hugh K. Clark Licensing Appeals Board Post Office Box 127A U. S. Atomic Energy Commission Kennedyville, Maryland 21645 Washington, D. C.
20545 Honorable J. Venn Leeds, Jr.
Mr. Abraham.Braitman, Chief Post Office Box 941 Office of Antitrust and Indemnity j
Houston, Texas 77001.
U. S. Atomic Energy Commission Washington, D. C.-
20545 William Warfield Ross, Esquire Keith S. Watson, Esquire Harold P. Grave, Esquire j
Wald, Harkrader & Ross Vice President and General i
1320 Nineteenth Street, N.W.
. Counsel Washington, D. C.
20036 Consumers Power Company 212 West Michigan Avenue Honorable Frank Kelly Jackson, Michigan 49201 Attorney General State of Michigan Joseph Rutberg,- Esquire
. Lansing, Michigan 48913 Benjamin H. Vogler, Esquire Antitrust Counsel for AEC James F. Fairman, Esquire Regulatory Staff
- 2600 Virginia Avenue, N.W.
U. S. Atomic Energy Commission Washington, D. C.
20037 Washington, D. C.
20545
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Mr. Frank W. Karas, Chie f Public Proceedings Branch Office of the Secretary of The Commission U. S.' Atomic Energy Commission-Washington, D. C.
20545 Wallace E. Brand Attorney, Antitrust Division Department of Justice Washington, D. C.
20530
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