ML19331A700
| ML19331A700 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 10/22/1974 |
| From: | Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER, Saginaw Intervenor |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007210694 | |
| Download: ML19331A700 (3) | |
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UNITED STATES OF NIERICA
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OFFICE CF ii.E sEc;&MC SAFETY x:o LICz:: SIN:
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In the Matter of
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Construction Permit CONSUMERS POiTER COMPANY.,
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Nos. 81 and 32
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(Midland Plant, Units 1 and 2)
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MOTION FOR DISCO"*:7.Y IN AID OF ORAL ARG!*"ENT The Saginaw Intervenors hereby move the Atomic Safety and Licensing Board for an order requiring the follcwing documents to ha Produced for inspection or copyinci at the officos of Myron M. Cherry, Suite 4501, One IBM Plaza, Chicago Illinois 60611, on or before November 13, 1974 in order that such documents may be used in conn:c-tion with scheduled oral argu ent en November 18, 1971.
In support of this motion, Saginaw Intervenors state as follows:
1.
There is presently pending before the Atomic Safety and Licensing Board
(" Licensing Board")'Saginaw Intervenor's motion to reopen the record based upon.a prima facie showing that Consuners Power Company
(" Consumers") and Bechtel have taken inconsistent posi-F tions with respect to the qualifications of BechteY, such inconsis-tent positions being taken at Midland and Palisados.
2.
The Licensing Board has' scheduled oral argument on that motion in Chicago on November 18, 1974 and the subject of that oral
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argument, among other things, will be the allegations of Consumers' Complaint against Bechtel and others and its application to the Midland' M
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__. __L a proceeding. Neither the Licensing Board nor the Saginaw Intervenors can adequathly inquire into that Complaint without certain doccments which form a part of the res cestae of the entire.transactien.
3.
Without the documentation requested herein the Saginaw Intervenors will be unable adequately to present oral argument and the Licensing Board will, once again, not have sufficient informa-tion with which to make an adequate and proper decision.
4.
The Licensing Board has the authority to grant dis-covery in aid of 'he oral argument in connection with recpening the t
record sinco the Licensing Board has the authority to control,the course of the proceedings and the Atomic Energy Commission has on other occasiens (January 1972 Point 3each fuel densification hear-ings) granted a similar request.
WHEREFORE, Saginaw Intervonors request the Licensing Ecard to order the following documents to be produced at the time and place noted above:
A.
The contracts which are the subject of Consu=ers' Cem-plaint against Bechtel and others, which Cc= plaint was attached to the petition to reopen hearings:
B.
Correspondence between Consumers and Bechtel (or any Bechtel affiliate) between January, 1974 and August, 1974 dealing with any and all of the allegations contained in said Complaint; C.
Contracts between Bechtel Corporation and Bechtel Company and consumers concerning Bechtel's obligations regarding the Midland plant; and e
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Correspondence, if any, between Consumers and Eechtel (or any Bechtel affiliate) concerning the application to the Midland facilit, if any, of any of the allegations or underlying facts al-leged or asserted in the Complaint dealing with the Palisades case which is attached to the petition to reopen.
Respec fully submitted,
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Syr'opl:1. Cherry, A :crne'/d. One Sagi.%w Intervenors g
MYRON M.
CHERRY Suite 4501 One IEM Pla:a Chicago, Illinois 60611 (312) 565-1177 PRCCF CF SERVICE I certify that a copy of the foregoing Motion for Discovery In Aid of oral Argument was sent postage paid and properly addressed on October 22, 1974 to the Me::ters of the Licensing Beard, to the Secretary of the Commission, to the Chairman of the Atcmic Safety and Licensing Appeal Board and to all counsel of record.
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