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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20070E4671991-02-26026 February 1991 Comment Opposing Petition for Rulemaking PRM-73-9 Re Upgrading Design Basis Threat for Radiological Sabotage of Nuclear Reactors.Recommends That NRC Deny Petition to Increase Design Basis Threat for Security ML20207C1331986-12-18018 December 1986 Order Terminating CPPR-81 & CPPR-82,per Util 860711 Motion to Withdraw Applications for OLs ML20215E7301986-12-17017 December 1986 Memorandum & Order Authorizing Withdrawal of OL Application & Dismissing OL Proceeding,Per Applicant 860711 Motion. Served on 861218 ML20215B2071986-12-11011 December 1986 Responds to Questions Posed in ASLBP 861203 Memorandum & Order Re Conversion to gas-fired Facility.Imposition of Conditions on Withdrawal of OL Application Unnecessary. Certificate of Svc & Svc List Encl ML20211L6391986-12-11011 December 1986 Affidavit of Gb Staley Re Preparation of Answers to Board 861203 Questions on Termination of OL Proceeding. Certificate of Svc Encl ML20211L6181986-12-11011 December 1986 Response to Board 861203 Questions Re Util Request to Terminate OL Proceeding ML20214Q4431986-12-0303 December 1986 Memorandum & Order Granting Motion to Expedite Completion of Withdrawal Proceedings & Posing Questions to Parties.Served on 861204 ML20214G7941986-11-24024 November 1986 Motion to Expedite Completion of Withdrawal of Licensee OL Application & Terminate Pending OL & CP Mod Proceedings. Certificate of Svc Encl ML20214T7361986-09-26026 September 1986 Memorandum & Order Dismissing OM Proceeding as Moot & Deferring Action on Applicant Motion for Authorization to Withdraw OL Application Pending NRC Preparation of Environ Assessment.Served on 860929 ML20212M7661986-08-25025 August 1986 Response to Util 860711 Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings.Board Should Hold Motion in Abeyance Pending NRC Review of Stabilization Plan.Certificate of Svc Encl ML20206M8171986-08-15015 August 1986 Response to ASLB 860716 Order Requesting Responses Re Termination of OM Proceeding.Termination of OL Proceeding & Withdrawal of OL Application Requested.Om Proceeding Should Be Considered Moot.Certificate of Svc Encl ML20212B0311986-08-0101 August 1986 Memorandum & Order Withdrawing Retention of Jurisdiction Over Radon Issue Presented in Facility CP Proceeding & Vacating ASLB Partial Initial Decision on Remedial Soils in Consolidated CP Mod & OL Proceeding.Served on 860801 ML20212B0521986-07-31031 July 1986 Order Extending Time Until 860815 for Util & Other Parties to Respond to Questions Posed by 860716 ASLB Order.Time Extended Until 860825 for NRC Response to ASLB Questions & Util Motion.Served on 860801 ML20203F8791986-07-28028 July 1986 Response Supporting Util 860711 Motion for Termination of Appeal Board Jurisdiction Over Proceeding.Certificate of Svc Encl ML20207H6871986-07-22022 July 1986 Motion for Extension Until 860815 to File Responses to Four Questions Re Util Motion to Dismiss OL & OM Proceedings. Certificate of Svc Encl ML20207E2851986-07-16016 July 1986 Order Presenting Questions in Response to Util 860711 Motion to Dismiss OL Proceeding & to Terminate Order of Mod Proceeding.Served on 860717 ML20202G1621986-07-11011 July 1986 Notice of Change of Address for Washington Ofc of Isham, Lincoln & Beale,Attys for Util.Certificate of Svc Encl ML20202G0121986-07-11011 July 1986 Motion for Authorization to Withdraw OL Application & Dismissal of OL & Order of Mod Proceedings ML20202G1201986-07-11011 July 1986 Motion for Termination of Aslab Jurisdiction to Facilitate Termination of Cps,Withdrawal of OL Application & Dismissal of Consolidated OM-OL Proceeding ML20202G0491986-07-10010 July 1986 Affidavit of JW Cook Re Conversion of Plant Into combined- cycle,gas-fired Power Plant.Plant Never Operable as Nuclear facility.Nuclear-related Equipment Will Be Sold ML20202G0281986-07-0808 July 1986 Affidavit of Ta Mcnish Re True & Correct Extracts of 860408 & 0618 Minutes of Meetings.Resolutions Recited Therein in Full Force & Effect ML20198J3861986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20198J4651986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechhoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20137E0041985-11-21021 November 1985 Notice of Appearance in Proceeding ML20137D9651985-11-21021 November 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20133F6421985-10-0909 October 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20134N3771985-08-30030 August 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl DD-84-17, Order Affirming 840724 Director'S Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 8506241985-06-24024 June 1985 Order Affirming 840724 Director'S Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 850624 ML20127N7591985-06-20020 June 1985 Transcript of Commission 850620 Affirmation/Discussion & Vote in Washington,Dc Concerning Denial of 2.206 Petition for Midland plant,SECY-85-60 Concerning Pressurized Thermal Shock Rule & Shoreham Order.Pp 1-4 ML20133D9481985-05-13013 May 1985 Response to Aslab 850423 Order.Aslab Should Cancel OL Application & CPs Because Compliance W/Nrc Basic Requirements Not Met ML20116G5181985-04-29029 April 1985 Response to Memorandum of City & County of Midland,Mi Re ASLB 850405 & 0313 Orders on CP Mod Proceedings.Bechtel Should Not Be Granted Admission to Proceedings ML20115J5551985-04-19019 April 1985 City & County of Midland,State of Mi Response to Aslab 850313 Order to File Memoranda Re Whether Aslab Should Vacate ASLB Decision Re Certain Mods to CP Due to Mootness. Proof of Svc Encl ML20115J4751985-04-19019 April 1985 Memorandum in Response to Aslab 850405 Order Re Dismissal of OL Application.Application Neither Abandoned Nor Delayed in Dilutory Manner.Certificate of Svc Encl ML20115J5501985-04-19019 April 1985 Response Opposing Aslab 850405 Memorandum & Order Re Dismissal of OL Applications.Urges Board to Permit OL Applications to Continue in Suspension Until Applicant Affirmatively Resolves Disposition ML20116G5321985-04-19019 April 1985 Motion to Participate as Amicus Curiae in Resolution of Issue to Involuntary Dismissal of License Application,Per Aslab 850405 Memorandum & Order.Granted for Aslab on 850422. Served on 850429 ML20115J4351985-04-19019 April 1985 Motion for Leave to Participate as Amicus Curiae,Per Aslab 850313 & 0405 Memoranda & Orders Requesting Response to Questions Re Proceeding ML20115J5461985-04-19019 April 1985 Motion to Participate Amici Curiae in Resolution of Issue of Involuntary Dismissal of License Application as Identified in Aslab 850405 Memorandum & Order ML20115J5421985-04-19019 April 1985 City & County of Midland,State of Mi Motion for Leave to Participate as Amicus Curiae in Aslab Request for Responses to Questions Presented in 850313 & 0405 Memoranda Orders. Proof of Svc Encl ML20112J5281985-04-0101 April 1985 Memorandum in Response to Aslab 850313 Order LBP-85-2. Decision Should Not Be Vacated.Ol Should Be Dismissed.Based on Listed Changes,New OL Review Required ML20112J6301985-04-0101 April 1985 Memorandum Requesting Aslab Not Take Any Action to Vacate LBP-85-2 or Dismiss OL Applications,Per 850313 Order,Based on Current Intent to Hold CPs & Attempt to Sell Plant. Certificate of Svc Encl ML20112H0981985-03-27027 March 1985 Response to Aslab 840313 Order Re Whether ASLB Decision to Review Issues in Soils Hearing Appropriate Use of Public Resources.Concurs W/Decision to Remand OL W/Instructions to Dismiss OL Application for Failure to Pursue Soils Issue ML20106F6531985-02-0808 February 1985 Response Opposing Intervenor B Stamiris 841224 Motion for Evidentiary Hearings Re Litigation Between Applicant & Dow Chemical Co.Supporting Documentation & Certificate of Svc Encl ML20106D6631985-02-0808 February 1985 Response Opposing B Stamiris 841224 Pleading Requesting Evidentiary Hearing on Matter Raised in applicant-Dow Chemical Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20101S9111985-02-0101 February 1985 Motion for Extension of Time within Which to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Certificate of Svc Encl ML20101S9421985-02-0101 February 1985 Motion for Extension Until 850306 to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Granted by Aslab on 850201 ML20101F3191984-12-24024 December 1984 Request for Evidentiary Hearings on Matter Raised in CPC-Dow Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20107K8011984-11-0101 November 1984 Affidavit of Jd Selby Re Plans Concerning Facilities.Const Will Be Resumed Only If Proposed by Appropriate Governmental Agencies & Officials & If Funds from Some Other Source Become Available.Related Correspondence ML20106F5241984-10-24024 October 1984 Motion to Request ASLB to Cancel Const License & Application for OL ML20092J0241984-06-22022 June 1984 Reply to B Stamiris Second Supplemental Proposed Findings of Fact & Conclusions of Law on QA & Mgt Attitude Issues. Certificate of Svc Encl ML20092J0361984-06-22022 June 1984 Reply to NRC Further Supplemental Findings of Fact & Conclusions of Law Re QA 1991-02-26
[Table view] Category:PLEADINGS
MONTHYEARML20215B2071986-12-11011 December 1986 Responds to Questions Posed in ASLBP 861203 Memorandum & Order Re Conversion to gas-fired Facility.Imposition of Conditions on Withdrawal of OL Application Unnecessary. Certificate of Svc & Svc List Encl ML20214G7941986-11-24024 November 1986 Motion to Expedite Completion of Withdrawal of Licensee OL Application & Terminate Pending OL & CP Mod Proceedings. Certificate of Svc Encl ML20212M7661986-08-25025 August 1986 Response to Util 860711 Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings.Board Should Hold Motion in Abeyance Pending NRC Review of Stabilization Plan.Certificate of Svc Encl ML20206M8171986-08-15015 August 1986 Response to ASLB 860716 Order Requesting Responses Re Termination of OM Proceeding.Termination of OL Proceeding & Withdrawal of OL Application Requested.Om Proceeding Should Be Considered Moot.Certificate of Svc Encl ML20203F8791986-07-28028 July 1986 Response Supporting Util 860711 Motion for Termination of Appeal Board Jurisdiction Over Proceeding.Certificate of Svc Encl ML20207H6871986-07-22022 July 1986 Motion for Extension Until 860815 to File Responses to Four Questions Re Util Motion to Dismiss OL & OM Proceedings. Certificate of Svc Encl ML20202G0121986-07-11011 July 1986 Motion for Authorization to Withdraw OL Application & Dismissal of OL & Order of Mod Proceedings ML20202G1201986-07-11011 July 1986 Motion for Termination of Aslab Jurisdiction to Facilitate Termination of Cps,Withdrawal of OL Application & Dismissal of Consolidated OM-OL Proceeding ML20133D9481985-05-13013 May 1985 Response to Aslab 850423 Order.Aslab Should Cancel OL Application & CPs Because Compliance W/Nrc Basic Requirements Not Met ML20116G5181985-04-29029 April 1985 Response to Memorandum of City & County of Midland,Mi Re ASLB 850405 & 0313 Orders on CP Mod Proceedings.Bechtel Should Not Be Granted Admission to Proceedings ML20115J5421985-04-19019 April 1985 City & County of Midland,State of Mi Motion for Leave to Participate as Amicus Curiae in Aslab Request for Responses to Questions Presented in 850313 & 0405 Memoranda Orders. Proof of Svc Encl ML20115J5501985-04-19019 April 1985 Response Opposing Aslab 850405 Memorandum & Order Re Dismissal of OL Applications.Urges Board to Permit OL Applications to Continue in Suspension Until Applicant Affirmatively Resolves Disposition ML20115J5551985-04-19019 April 1985 City & County of Midland,State of Mi Response to Aslab 850313 Order to File Memoranda Re Whether Aslab Should Vacate ASLB Decision Re Certain Mods to CP Due to Mootness. Proof of Svc Encl ML20115J4351985-04-19019 April 1985 Motion for Leave to Participate as Amicus Curiae,Per Aslab 850313 & 0405 Memoranda & Orders Requesting Response to Questions Re Proceeding ML20116G5321985-04-19019 April 1985 Motion to Participate as Amicus Curiae in Resolution of Issue to Involuntary Dismissal of License Application,Per Aslab 850405 Memorandum & Order.Granted for Aslab on 850422. Served on 850429 ML20115J5461985-04-19019 April 1985 Motion to Participate Amici Curiae in Resolution of Issue of Involuntary Dismissal of License Application as Identified in Aslab 850405 Memorandum & Order ML20112J5281985-04-0101 April 1985 Memorandum in Response to Aslab 850313 Order LBP-85-2. Decision Should Not Be Vacated.Ol Should Be Dismissed.Based on Listed Changes,New OL Review Required ML20112J6301985-04-0101 April 1985 Memorandum Requesting Aslab Not Take Any Action to Vacate LBP-85-2 or Dismiss OL Applications,Per 850313 Order,Based on Current Intent to Hold CPs & Attempt to Sell Plant. Certificate of Svc Encl ML20112H0981985-03-27027 March 1985 Response to Aslab 840313 Order Re Whether ASLB Decision to Review Issues in Soils Hearing Appropriate Use of Public Resources.Concurs W/Decision to Remand OL W/Instructions to Dismiss OL Application for Failure to Pursue Soils Issue ML20106D6631985-02-0808 February 1985 Response Opposing B Stamiris 841224 Pleading Requesting Evidentiary Hearing on Matter Raised in applicant-Dow Chemical Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20106F6531985-02-0808 February 1985 Response Opposing Intervenor B Stamiris 841224 Motion for Evidentiary Hearings Re Litigation Between Applicant & Dow Chemical Co.Supporting Documentation & Certificate of Svc Encl ML20101S9421985-02-0101 February 1985 Motion for Extension Until 850306 to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Granted by Aslab on 850201 ML20101S9111985-02-0101 February 1985 Motion for Extension of Time within Which to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Certificate of Svc Encl ML20101F3191984-12-24024 December 1984 Request for Evidentiary Hearings on Matter Raised in CPC-Dow Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20106F5241984-10-24024 October 1984 Motion to Request ASLB to Cancel Const License & Application for OL ML20084J6111984-05-0404 May 1984 Responds Opposing Sinclair 840419 Motion to Request Caseload Forecast Panel Evaluate New Const Completion Schedule.Aslb Should Deny Request for Relief Contained in Motion. Certificate of Svc Encl ML20084H2581984-05-0202 May 1984 Memorandum in Opposition to Govt Accountability Project (Gap) 840417 Petition for Review.Gap Policy on Disclosures to Press Rules Out Genuine Claim That Affidavits Were to Be Maintained in Total Confidence.Certificate of Svc Encl ML20083N6481984-04-17017 April 1984 Petition for Review of Aslab 840330 Decision & Order ALAB-764 Re Subpoenas Directed to Govt Accountability Project.Aslab Erroneous Re Important Questions of Law & Policy.Certificate of Svc Encl ML20087M9821984-03-30030 March 1984 Response to B Stamiris 840304 New Contention Re Transamerica Delaval,Inc Diesel Generators.Bases in Support of Contention Clarified.Certificate of Svc Encl ML20079M6481984-01-23023 January 1984 Request for Leave to File Encl Corrected Copies of Applicant 831209 Memorandum in Opposition to Appeal of Govt Accountability Project.Table of Contents & Table of Authorities Inadvertently Omitted.Certificate of Svc Encl ML20082U0311983-12-0909 December 1983 Memorandum Opposing Govt Accountability Project (Gap) 831021 Appeal of ASLB Order Granting Util Motion to Depose Gap Witnesses.First Amend Argument Inapplicable Since Affiant Identity Will Not Be Disclosed.Certificate of Svc Encl ML20082E1341983-11-22022 November 1983 Request for Extension Until 831209 to File Brief Opposing Appeal of Govt Accountability Project Deponents.Certificate of Svc Encl ML20086A8801983-11-0404 November 1983 Response to Util Motion to Compel & Application for Enforcement of Subpoenas.Submission to Discovery Would Cause Immediate Grave & Irreparable Injury to Organizational Viability.Certificate of Svc Encl.Related Correspondence ML20081F8991983-11-0202 November 1983 Motion to Compel & Application for Enforcement of Subpoenas Against Govt Accountability Project Deponents,L Clark, T Devine,Bp Garde & L Hallberg.Response from Deponents Must Be Filed Before 831110.Certificate of Svc Encl ML20081E8931983-10-31031 October 1983 Reply to Applicant 831014 Response to Second Supplemental Memorandum in Support of B Stamiris 831005 Motion to Litigate Two Dow Issues.Issues Timely Raised & Present New Evidence.Certificate of Svc Encl ML20090H4271983-10-26026 October 1983 Motion to Continue Beginning Date of Hearings Scheduled for 831031 to 3 Days After Date.Extended Hearing Necessary to Allow Time to Receive Responses to 831011 Discovery Requests.W/Certificate of Svc ML20081B1751983-10-25025 October 1983 Motion to Compel CPC Responses to 831011 Interrogatories & Request for Production Re Investigation of Alleged Violation.Certificate of Svc Encl ML20090H3401983-10-25025 October 1983 Motion for Admission Into Evidence of Transcript of Jl Donnell 831015 Deposition.Certificate of Svc Encl ML20081E9481983-10-25025 October 1983 Memorandum in Support of 831021 Appeal of ASLB Orders Granting Issuance of Subpoenas.Subpoenas Violate First Amend Rights.Certificate of Svc Encl ML20081B0681983-10-21021 October 1983 Memorandum in Support of Appeal from ASLB Orders Granting Discovery Against Govt Accountability Project.Subpoenas Violate Common Law of Privilege.Util Showed No Compelling Need for Discovery ML20078K3141983-10-14014 October 1983 Response to B Stamiris 831005 Second Supplemental Memorandum Supporting Dow Issues.Stamiris Fails to Show New & Significant Info Justifying Reopening Record.Certificate of Svc Encl ML20078F5561983-10-0505 October 1983 Second Supplemental Memorandum in Support of Intervenor Stamiris Motion to Litigate Dow Chemical Co Issues Against Applicant.Dow Documents & Complaints Support Litigation of Issues Raised in Original Motion.Certificate of Svc Encl ML20080P1161983-10-0303 October 1983 Errata to 830930 Motion for Reconsideration.Certificate of Svc Encl ML20080P9131983-10-0303 October 1983 Motion to Stay Depositions of L Clark,T Devine,Bp Garde & L Hallberg as Directed in ASLB 830831 Order.Depositions Should Be Stayed Pending Review of 830930 Motion for Reconsideration.Certificate of Svc Encl ML20078A3471983-09-21021 September 1983 Supplemental Memorandum in Support of 830808 Motion to Litigate Dow Issues.Documents Reveal That Util Knew Fuel Load Dates Presented to NRC Jul 1980 - Apr 1983 False. Certificate of Svc Encl ML20077S7161983-09-19019 September 1983 Motion by L Clark,T Devine,Bp Garde & L Hallberg for Extension Until 830930 to File Motion for Reconsideration of ASLB 830831 Order Denying Motion to Quash Subpoenas. Certificate of Svc Encl ML20024E8261983-09-0202 September 1983 Response Opposing M Sinclair Motion to Reconsider Privilege Ruling.Presence of Bechtel Officials at 821124 Meeting Does Not Destroy Privilege.Bechtel & CPC Share Common Legal Interest.Certificate of Svc Encl ML20024E8771983-09-0202 September 1983 Motion to Reconsider Schedule for Submitting Proposed Findings of Fact on Remedial Soils Issues.Intervenors Should Be Required to File Proposed Findings on Remedial Soils Issues by 831115.Certificate of Svc Encl ML20076F3261983-08-23023 August 1983 Motion for Extension Until 830902 to Respond to Intervenor Motion to Reconsider Order Upholding atty-client Privilege Protection for 821124 Util/Bechtel Meeting.Motion Received 5 Days After Mailing.W/Certificate of Svc ML20076C6711983-08-17017 August 1983 Response to M Sinclair & B Stamiris 830728 Motions Re Dow Vs Util Lawsuit.Aslb Should Defer Motions for 30 Days.Motions Could Be Refiled After Documents Reviewed.Two Oversize Drawings Encl.Aperture Cards in Pdr.Certificate of Svc Encl 1986-08-25
[Table view] |
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UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION In the Matter of- )
) DocketNos.fM-329A) .
CONSUMERS POWER COMPANY ) 50-Java (Midland Plant, Units 1 and 2) )
APPLICANT'S ANSWER TO DEPARTMENT'S MOTION TO COMPEL POOL COMMITTEE MINUTES Pursuant to Section 2. 730 (c) of the, Commission's Rules of Practice, 10 C.F.R. Part 2, Consumers Power Company
(" Applicant") opposes the Department of Justice's " Motion To Compel Production of Michigan Pool Committee Minutes", filed September 20, 1973.
In response to the Chairman's suggestion during a conference call yesterday, Applicant sought to reach an accommodation with the Department concerning its Motion, but was unsuccessful. We reiterate here our willingness to provide the Department with all of the Administrative and Planning Committee minutes ro_r all minutes of all committees prepared since 1970. This proposal would significantly reduce the number of. irrelevant documents which the Department seeks leave to inspect. However, for the reasons set forth in 1
detail below, Applicant submits that Applicant should not
.be required to produce the thousands of pages which constitute
-all of the Pool minutes during the last eleven years.
-8006280 7 7 6 A
.- . . \
~ .
)
I. The Motion seeks to re-litigate previous rulings which Applicant has relied upon.
As all parties concede, Request No. 4 of the Joint Document Request of July 26, 1972, encompassed a demand for all Michigan Pool committee minutes. Applicant filed objections to the unspecificity of the request and, in response thereto, on November 28, 1972, the Board modified the request in the following language (p. 3) :
The next matter relates to request no. 4, calling for minutes of pooling and coordination committee meetings. All parties agree that the requested documents include many which are irrelevant.
The Department of Justice argues that it cannot tell what is relevant without examining all of the files.
This type of argument, if carried to its logical con-clusion, would give the Department of Justice access to all of Applicant's documents, a procedure forbidden by Section 2. 740. The request is hereby limited to those documents which deal with Applicant's power to grant or deny access to coordination, and those documents dealing with the use of this power against smaller utility systems. As so limited, Applicant is required to produce the documents.
In response to the Request No. 4, as modified by the November 28 order, Applicant made a time-consuming review of the thousands of document pages which make up the Pool committee minutes. Although not concurring with the Depart-
. ment's - expansive definition of " coordination" as contained in the Joint Request, that definition was utilized in the file i search and production process in response to modified request
no. 4. As a result, over 250 pages of documents were supplied to the Department and nearly all of the documents contained therein were Michigan Pool committee materials.-1/
If the Department was dissatisfied with the Board's ruling as to Request No. 4, it should have promptly moved for reconsideration prior to Applicant's review of the minutes. At this juncture, with less than two weeks remaining before exhibits are due, it would be unconscionable to require Applicant to re-examine these same thousands of pages under the new criteria proposed by the Department.~2/
1/ The documents produced were: Monthly Administrative Committee Report, February 1,1965 (doc. nos. 7481-7484); Monthly Adminis-trative Committee Report, March 1, 19 65 (doc. nos. 7478-7480); Pool Administrative Committee Meeting Notes , April 9,1965 (doc. nos. 7471-7475); Monthly Administrative Committee Report, April 1,1965 (doc.
nos. 7476-7477); Pool Administrative Committee Meeting Notes, April 19, 1965 (doc. nos. 7460-7470); Pool Administrative Committee Meeting Notes, May 25, 1965 (doc. nos. 7445-7459); Consumers-Edison Pool Administrative Committee Report, June 18, 1965 (doc. nos. 7438-7444);
Pool Administrative Committee Meeting Notes, July 20, 1965 (doc.
nos. 7431-7437); Administrative Committee Report, August 1, 1965 (doc. nos. 7429-7430); Pool Administrative Committee Meeting Notes, July 14, 1967 (doc. nos. 7381-7384); Pool Admin-istrative Committee Meeting Notes , December 21, 1966 (doc. nos.
7421-7428); Adminis trative Committee Meeting Minutes , April 24, i 1967 (doc. nos. 7415-7420); Letter from J.W. Kluberg to
-R.O. Wagner, May 5, 1967, regarding minutes of April 24, 1967, meeting (doc. Nos. 7410-7414); Revised Minutes of April 24, 1967, Administrative Committee Meeting, May 25, 1967 (doc. nos. 7403-7409); Pool Adminis trative Committee Meeting Notes , June 10, 1967 (doc. Nos. 7385-7402); Memorandum Regarding Agenda for July 14, 1967, Administrative Committee Meeting, July 13, 1967 (doc. no. 7380);
Pool Administrative Committee Meeting Notes, November 30, 1967 (doc.
nos. 7517-7532); Pool Executive Meeting Notes , Augus t 2, 1966 (doc.
nos. 23889-23892); Pool Executive Meeting Notes, September 12, 1967 (doc. nos. 23875-23888); Emergency Procedures, March 7, 1972 (doc.
nos. 10060-10064); Operating Committee Meeting Notes, July 6, 1965 (doc. nos. 23314-23317); Consumers-Edison Electric Pcwer Pool, 1967 Capacity and Demand Data (doc. nos. 17968-17969); Re commenda- 1 l
l.
l [ continued p. 4)
l
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1 The Department itself stressed the need for finality with regard to discovery rulings in its efforts L
last November to secure the pool minutes. In its " Answer" to Applicant's objections, filed November 2, 1972, the Department stated that " age claim" relating to "a specific document or category of documents" should be "made at this time and the Board's decision thereon must control future production of that document or category of documents" (p. 4)
(Emphasis supplied.) In a classic application of the double standard, the Department now proposes that the Board's decision in November be ignored and that it not " control future production".
From the very first prehearing conference, Applicant has stressed that "if we are going to have to search our files, [we should] have to do it only once" (Tr. 95).
I
)
Counsel for the Department concurred in these sentiments and .
l l
assured the Board that "second round" discovery would be narrowly confined to "such and such a document" (Tr. 9 7) :
1,/ [ continued . . .]
tion to Pool Administrative Committee Regarding Interconnection Strengthening with Parties Outside the State of Michigan for the Years 1967 and 196 8, Augus t 19, 1964 (doc.-nos. 384-397); Recom-mendation for Future Pool Sharing of Transmission Cost of Argenta-Verona Line, March ~31, 1965 (doc. nos. 19716-19720); Pool Studies, April 25, 1962 (doc. nos. 17941-17962); Minutes of M110 Planning
-Committee Meeting No. 6 7-5, Augus t 23, 1967 (doc. nos. 13185-13203);
M110 Planning Committee Meeting No. 6 7-1, January 17, 1967 (doc.
-nos. . 13219-13235).
2/ Of course, even if all of the minutes were submitted to the Department for inspection, Applicant's counsel has a pro-fessional' obligation to examine all such materials prior to submission to opposing parties..
And so I suggest that there may be documents that we become aware of after we go past the first round of discovery -- in the course of the first round af ter we have gone through the documentary requests, into_ interrogatories, the interrogatories or in the depositions we will get a chance to ask whether such and such a document exists, and then we feel we should be allowed to do it. (Emphasis supplied.)
Despite such assurance and despite the fact that much of the Department's month-long Company depositions focused upon the Michigan Pool, this "second-round" request is much broader than first round request no. 4, as modified.
Thus , favorable action upon the instant Motion would require precisely the type of duplicative document review that the Department assured the Board more than a year ago would not be required.
Applicant submits that it should not be burdened or otherwise prejudiced as a result of its reliance upon the Department's statements that the Board's November 28 order would " govern all future discovery" and upon its statement that "second round" discovery would specify the particular document or documents which it needed. The Board should, therefore, reject the Department's Motion to secure all of the Pool committee minutes.
II. The Motion seeks leave for a fishing expedition.
According to the Commission's Rules of Practice which govern the scope of discovery, document requests must l
l l'
be limited to those which are " relevant to the subject matter involved in the proceeding", are " reasonably cal-culated to lead to the discovery of admissible evidence", and are designated with " reasonable particularity". Sections 2.740, 2. 740 (b) and 2.741 of the Commission's Rules of Prac-tice. The Commission and the Board herein have made clear that this language should not be construed so as to permit
" fishing" expeditions. Thus , in its Statement of General Policy and Procedure which accompanied enactment of the newly-amended Rules of Practice, the Commission stated:
"In no event should parties be permitted to use discovery procedures to conduct a
' fishing expedition' . . . .
"3/
The Chairman of the Hearing Board herein also made clear that at the first prehearing conference that a fishing expedi-tion would not be tolerated in this proceeding (Tr. 51.).
The Department purports to have narrowed its discovery by limiting the request to minutes " relating to power pooling". Of course, this is no limitation at all since it is difficult to imagine minutes of power pooling committees which do not relate, at least indirectly, to power pooling.
3/ Section IV(a) , Appendix A, 37 F.R. 15139.
a ,
It should be emphasized that power pooling is an arrangement that requires day-to-day cooperation and communication between the pooling partners. Thus, the. Pool e
committees, particularly the Operating and Administrative committees, meet as often as once per week to discuss the day-to-day operations of the pooled systems. Minutes of
. these day-to-day concerns are not conceivably relevant to the issues raised in this proceeding and, thus, the Depart-ment's demand to inspect them is contrary to Rules 2.740 (b) (1) and 2.741(c) .
When reduced to basics , the Department's Motion argues that it should be permitted to all pooling minutes because some minutes may contain information relevant to this case. The identical hypothesis was advanced in the Department's answer of November 2, -1972 but was explicitly rejected in the Board's November 28 order.
The only new argument offered by the Department relates to the initiation of a revised pooling agreement between Applicant and Detroit Edison in May,1973. However,
~
it is difficult 'to understand the rationale for the Depart-ment's view that a change in an agreement in 1973 merits scrutiny of every committee meeting minute since 1962.-4/
4/ Any Pool committee minutes relating to the May,1973 agree-ment would be contained in the documents which Applicant has already produced or is willing to produce, as set forth on page 1,. supra.
4 4 --
p * ,ve -w 4 w e- **
l
. Finally, it should be noted that no municipal or cooperative system has ever isought admission to the Michigan Pool and we do. not read the opposing parties ' prayer for 4
relief'in this proceeding to include compelling such admis-sion. Thus, the Department's purported need to examine minutes relating to " denial of access" to the Pool (p. 7) misses the mark, since-such access has never been sought and thus never denied. In any event, such documents would appear to be encompassed in' the previously-cited materials already provided to. the Department in response to modified Request No. 4.
WHEREFORE , the Department's Motion To Compel,
, filed September 20, 1973, should be denied.
Respectfully submitted, Wm. Warfield Ross l 4
Keith S. Watson Wald, Markrader & Ross 1320 Nineteenth Street, N.W.
Washington, D. C. 20036 October 2, 1973 Of' Counsel:
Harold P. Graves, Esquire Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 l
l
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.. * ~
4 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of )
) Docket Nos . 50-329A CONSUMERS POWER COMPANY ) 50-330A (Midland Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of APPLICANT'S ANSWER TO DEPARTMENT'S MOTION TO COMPEL POOL COMMITTEE MINUTES, dated October 2, 1973, in the above-captioned matter have been served on the following by deposit in the United States mail, first class or air mail, this 2nd day of October, 1973:
Jerome Garfinkel, Esq., Chairman Dr. J. V. Leeds , Jr.
Atomic Cafety and Licensing Board P. O. Box 9 41 Atomic Energy Commission Houston, Texas 77001 Washington, D. C. 20545 William T. Clabault, Esq.
Hugh K. Clark, Esq. Joseph J. Saunders, Esq.
P. O. Box 127A David A. Leckie, Esq.
Kennedyville, Maryland 21645 Public Counsel Section Antitrust Division James Carl Pollock, Esquire Department of Justice 2600 Virginia Avenue, N.W. Washington, D. C. 20530 Washington, D. C. 20037 Joseph Rutberg, Jr. , Esq.
Antitrust Counsel for AEC Regulatory Staff Atomic Energy Commission Washington, D. C. 20545 Wallace E. Brand, Esq.
Antitrust Public Counsel Section P. O. Box 7513 Washington, D. C. 20044 Atomic Safety and Licensing Board Atomic Energy Commission Washington, D. C. 20545 Keith S . Watson
.