ML19330A063
| ML19330A063 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 04/08/1977 |
| From: | Hoefling R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19330A061 | List: |
| References | |
| NUDOCS 8007140867 | |
| Download: ML19330A063 (6) | |
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' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
CONSUMERS POWER COMPANY Docket Nos. 50-329
)
50-330 (Midland Plant, Units 1 and 2)
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APPLICATION FOR THE ISSUANCE OF A SUBPOENA The United States Nuclear Regulatory Commission Staff (Staff) hereby applies to the Atomic Safety and Licensing Board (Board) pursuant to 10 C.F.R. 52.720 to issue the attached subpoena to Dr. Richard J. Timm, 1038 Cascade Drive, N. W., Salem, Oregon 97304, commanding him to appear for the purpose of the taking of his deposition at the time and place and to bring with him the documents described in the attached subpoena.
The Staff seeks to take Dr. Timm's deposition in response to the Board's orderE to the Staff to investigate the allegations made by Counsel for 2
All Intervenors Other Than Dow _/ regarding purported inconsistencies between the testimony of Consumers Power Company before this Board and the testimony presented by Consumers to the Michigan Public Service Commission in its rate application of Janua.ry 18, 1977.
Dr. Timm was the source of the allegations.
Res ctfully submitted,
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l Richard K. Hoefling Counsel for NRC Staff Dated at Bethesda, Maryland this 8th day of April, 1977.
8007140b k
- E The Board's order to the Staff is set out at Tr. 5053 (March 24,1977).
2_/
Intervenors' allegations are set out at Tr. 5039, 5043-44 (March 24, 1977).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
CONSUMERS POWER COMPANY Docket Nos. 50-329
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50-330 (Midland Plant, Units 1 and 2)
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SUBPOENA T0:
Dr. Richard J. Timm 1038 Cascade Drive, N. W.
Salem, Oregon 97304 YOU ARE HEREBY COMMANDED to appear at the Holiday Inn, 745 Commercial Street, Salem, Oregon 97301, at 9:30 a.m. on April 20, 1977 before a certified shorthand reporter and Notary Public in the State of Oregon authorized to administer oaths by the laws of the State of Oregon, for the purpose of giving evidence and testifying in a deposition concerning all matters related to allegations that there are inconsistencies between the testimony presented by Consumers Power Company in this proceeding and the testimony presented by Consumers to the Michigan Public Service Commission in its rate application of January 18, 1977.
YOU ARE FURTHER COMMANDED to bring with you at said time and place, the documents and things described in Attachment A hereto and incorporated herein.
Your failure to appear may result in an application to a Court of competent jurisdiction to require your appearance upon pain of contempt.
You are further advised that on motion made promptly, and in any event at or before the time specified in the subpoena for compliance by you, and on notice to the party at whose instance this subpoena was issued, the undersigned, 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.
FOR THE ATOMIC SAFETY AND LICENSING BOARD D
Dated this day of April at This subpoena was issued on the application of the NRC Staff by its attorney Richard K. Hoefling, U. S. Nuclear Regulatory Commission, Washington, D. C.
20555 (301) 492-7501
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e ATTACHMENT A The Deponent is instructed to bring to the deposition all documents, including correspondence, reports and all other written or recorded material of any kind or character, which:
1.
have been prepared by the Deponent and relate to the allegations of inconsistency between the testimony of Consumers Power Company in this proceeding and the testimony presented by Consumers to the Michigan Public Service Commission in its rate application of January 18, 1977 2.
have been received by the Deponent and relate to the allegations of inconsistency between the testimony of Consumers Power Company in this proceeding and the testimony presented by Consumers to the Michigan P.ublic Service Commission in its rate application of January 18, 1977 3.
contain facts or opinions upon which the Deponent relied and relate to the allegations of inconsistency between the testimony of Consumers Power Company in this proceeding and the testimony presented by Consumers to the Michigan Public Service Commission in its rate application of January 18,1977.
r-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CONSUMERS POWER COMPANY
)
Docket Nos. 50-329
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50-330 (Midland Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby-certify that copies of " NOTICE OF DEPOSITION" and " APPLICATION FOR ISSUANCE OF A SUBPOENA' both dated April 8,1977 and " SUBPOENA" (undated) have been served on the following by deposit in the United States mail, first class or air mail, this 8th day of April,1977:
Frederic J. Coufal, Esq., Chairman Honorable Curt T. Schneider Atomic Safety and Licensing Board Attorney General U. S. Nuclear Regulatory Commission State of Kansas Statehouse Washington, D. C.
20555 Topeka, Kansas 66612 Dr. J. Venn Leeds, Jr.
Ms. Mary Sinclair Atomic Safety and Licensing Board 5711 Summerset Street 10807 Atwell Midland, Michigan 48640 Houston, Texas 77096 Harold F. Reis, Esq.
Dr. Emmeth A. Luebke Robert Lowenstein, Esq.
Atomic Safety and Licensing Board Lowenstein, Newman, Reis &
U. S. Nuclear Regulatory Commission Axelrad Washington, D. C.
20555 1025 Connecticut Avenue Washington, D. C.
20036 Myron M. Cherry, Esq.
1 IBM Plaza L. F. Nute, Esq.
Chicago, Illinois 60611 Dow Chemical, U.S.A.
Michigan Division Judd L. Bacon, Esq.
Midland, Michigan 48640 Consumers Power Company
.Mr. Steve Gadler 212 West Michigan Avenue Jackson, Michigan 49201 2120 Carter Avenue St. Paul, Minnesota 55108 i
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. R. Rex Renfrow, III, Esq.
Atomic Safety and Licensing David J. Rosso, Esq.
Appeal Panel Isham, Lincoln & Beale U. S. Nuclear Regulatory Commission One First National Plaza Washington, D. C.
20555 Suite 4200 Chicago, Illinois 60603 Docketing and Service Section Office of the Secretary Atomic Safety and Licensing U. S. Nuclear Regulatory Commission Board Panel Washington, D. C.
20555 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Dr. Richard J. Timm b4 8
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f Richard K. Hoefling
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Counsel for NRC Staff f
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