ML19329F223

Motion to File Util Reply to DOJ 721102 & Intervenors' 721101 Answers.Requests ASLB to Accept Filing of Encl Reply. W/O Encl

ML19329F223
Person / Time
Site:	Midland
Issue date:	11/15/1972
From:	Golden T, Ross W, Watson K CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), WALD, HARKRADER & ROSS
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8006230749
Download: ML19329F223 (2)

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of )

) Docket Nos. 50-329A CONSUMERS POWER COMPANY ) and 50-330A (Midland Units 1 & 2) )

To the Atomic Safety and Licensing Board:

MOTION FOR LEAVE TO FILE APPLICANT'S REPLY TO ANSWERS OF THE DEPARTMENT OF JUSTICE AND THE INTERVENORS The Objections of Consumers Power Company

(" Applicant") to the Joint Document Request and other document demands were answered by the Department of ,

Justice and the Intervenors in pleadings filed on November 2 and 1, 1972, respectively. Pursuant to Section 2.730 (c) of the Commission's Rules of Practice, 10 C.F.R. Part 2, Applicant moves the Board for leave to file the attached Reply to the aforementioned Answers.

The cited section provides that the filing of a propon-ent's reply to an opposing party's answer to a Motion may be ". . . permitted by the presiding officer or the Commission" .

Such permission would serve the interests 1/

of justice in this proceeding.- The Answers raise novel issues not heretofore advanced in this proceed-ing. Applicant submits that its attached Reply shads 1

1/ Many tribunals permit the proponent of a motion to file a reply to its opponent's answer as a matter of right. See o.g., Rule 27, Fed. R. App. P.

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significant light on these issues and other questions of fact and law set forth in the Answers and thus affords the Board a fuller record upon which to consider these issues.

Since the Department's Answer for the first time requests the Board to order that discovery be made by certain dates, its pleading can also be considered a motion to which Applicant may respond as a matter of right. See Section 2.730 (c) of the Commission's Rules.

j In any event, since the Reply which Applicant seeks leave to file is attached hereto, no delay will result from the grant of this Motion.

WHEREFORE, Applicant moves the Board for leave to file the attached " Applicant's Reply to the Answer of l

the Department of Justice and the Intervenors". '

Respectfully submitted, Wm. Warfield Ross Keith S. Watson Toni K. Golden Of Counsel:

Harold P. Graves, Esq.

Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 November 15, 1972

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