ML19331A320
| ML19331A320 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 06/14/1971 |
| From: | Lowenstein R CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Goodman C, Hall D, Murphy A Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007160897 | |
| Download: ML19331A320 (3) | |
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DOCKET GU.'.!BER LOWENSTEIN AND NuwxAN E80D. & UIll, FAC. {a.327,330
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JUc13 ;971 r Lg June 14' 1971 P-
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Arthur W. Murphy, Esq., Chairman
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Atomic Safety and Licensing Board Dr. Clark Goodman Columbia University School of Law Professor of Physics Box 38, 435 West 116th Street University of Houston New York, New York 10027 3801 Cullen Boulevard Houston, Texas 77004
'Dr. David B. Hall Los Alamos Scientific Laboratory P.O. Box 1663 THIS DOCUMENT CONTAINS Los Alamos, New Mexico 87544 POOR QUAUTY PAGES In the Matter of Consumers Power Company.
Midland Plant Units 1 and 2 Docket Nos. 50-329 and 50-330 Centlemen:
ASLB Orders..." served MayIn the footnote on page 2 of their " Respo 28, 1971,
...to complained that applicant's answers to their interrogatthe Saginaw in "did not contain all documents required to b ories did not even list all documents used in the preparati e attached and the answers."
At t'he conference on June 7, 1971 on of I advised I would submit a letter to the Board co (Tr. 1414-17),
mattor.
This is that letter.
ncerning the In Mr. Restrick's letter to the Board of April 13
- 1971, transmitting applicant's answers to the Saginaw i t rogatories, at page 3, he stated:
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"The Saginaw Intervenors' interrogatories call upon Applicant to attach to the answers volumes of documents which, if literally re-sponded to, would not be practically trans-portable.
Applicant is attaching to the responses those documents forming the basis for these answers in casen where the documents would not otherwise be readily available to Intervenors.
documents as published reports, Applicant is not attaching such 80 07160F treatises,
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IAN June 14, 1971 Page 2 professional society codes (e.g., ASME, ASTM, IEEE and similar professional standards), which Applicant believes are readily available at engineering school or other technical libraries, or documents which Applicant has made available to the Saginaw Intervonors in response to their motion for production of documents; this latter category includes topical reports referenced in the PSAR as amended or in the responses."
Applicant has already_made available to Mr. Cherry multitudinous documents.
See the list attached to Mr.
Restrick's letter of April 27, 1971.
These are in addition to those attached to the interrogatories and those given to the Saginaw intervonors by the Staff.
We submit that the burden of supplying copies of all documents referenced in the answers to the interrogatories would be a great burden on applicant and is not really necessary to permit the Saginaw intervonors to prepare adequately for the hearing.
For this reason, and because no specific need for the documents has boon set forth, the request for such copies is lacking in good cause and should be denied.
See 10 CFR S2.740 and S2.741.
Insofar as the listing of documents used in preparing the answers is concerned, Interrogatory No. 232, which requested the listing, stated that, at appli. cant's " option", it could
" choose to follow either the suggestion made in a letter by Myron Cherry to all counsel dated March 8, 19 71, or the more formal method of depositions under oath."
Mr. Cherry's letter of March 8 requested a meeting of all parties to be followed by a review by the Saginaw intervenors of all documents which they wished to see.
Interrogatory No. 232 stated, in part:
"At your option, depending upon convenience to all other parties thereof, instead of answer-ing this Interrogatory you may choose to follow either the suggestion made in a letter by Myron Cherry to all counsel dated March 8,
- 1971, or the more formal method of depositions under oath.
If you do not so choose by notice to us within ten days after receipt of these Inteprogatories, you shall be required to answer this Interrogatory."
Applicant accepted the suggestion made in the letter of March 8 from Mr. Cherry pursuant to which Mr. Cherry reviewed
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GN June 14, 1971 Page 3 applicant's documents (i.e., the list attached to Mr. Restrick's letter of April 27, 1971), and applicant furnished the copies requested by.Mr. Cherry.
Consequently, it is apparent that applicant has fully and satisfactorily replied to Interroga-tory No. 232.
Respectfully yours, O Cc(-Y oto Onob Robert Lowenstein Lowenstein and Newman Attorneys for Applicant Consumers Pouer Company cc:
William J.
Ginster, Esq.
James A. Kendall, Esq.
Anthony Z.
Roisman, Esq.
Thomas F.
Engelhardt, Esq.
Milton R. Wessel, Esq.
James N. O'Connor, Esq.
Myron M.
Cherry, Esq.
Algic A. Wells, Esq.
Stanley T.
Robinson, Esq.
Mr.' David Comey Mrs. Mary Sinclair s
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