ML19331A801
| ML19331A801 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/05/1978 |
| From: | Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER, Saginaw Intervenor |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007230833 | |
| Download: ML19331A801 (9) | |
Text
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010578(1)
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'7 UNITED STATES OF AMERICA h,\\[#
F NUCLEAR REGULATORY COMMISSION Ol
\\ qV Before the Atomic Safety and Licensing Board eg'. Q.
In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329
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50-330 Midland Plant, Units 1 and 2
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SECOUD REQUEST FOR DISCOVERY
- Pursuant to 10 C.F.R.
S 2.741, Saginaw Intervenors hereby make the followingrequests for production of documents.
This request is directed to Consumers Power Company and to Dow Chemical Company.
1 This request is the second request for the production of documents.
Attached hereto as Exhibits A and B are December 5, 1977 requests made both to Dow Chemical Company and Consumers Power Company.
Dow Chemical Company did not respord to the request until December 21, 1977 and then indicated that they would not treat the December 5, 1977 request as appropriate.
Without admitting the correctness of Dow's position, we are making another request.
Consumers answered our request on January 4, 1978 indicating that Consumers would let us know by January 31, 1973 whether it would produce documents.
We find the responses of Dow and Consumers not indicative of a good faith response.
Particularly is this so since both Dow and Consumers are under obligations pursuant to interrogatories to produce information and documents concerning the very subjects which are covered by our_ December 5, 1977 request and this second request.
If Dow and Consumers had appropriately responded to their obligation to update such interrogatories this request, of course, would be unnecessary.
11 this to the attention of the Board,since obviously 8 0 0 7 2 8'O7 these documents are relevant, they are of a subject which is continuing in nature, and by definition it is impossible for
@ustobeabletogetthesedocumentsonacurrentbasis sinAom most are_ reroduced gursuant to earlier requests, which
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As to Dow Chemical Comoany o
Dow Chemical Company is once again requested to produce for inspection and copying the following designated documents in their possession, custody or control.
These documents shall be made available for inspection and copying at the law offices of Myron M. Cherry, One IBM Plaza, Chicago, Illinois, on or before uanuary 20, 1977.
Alternatively, Dow Chemical Company may Xerox such documents which are called for here and deliver them on or before the time indicated.
This request requires an Affidavit from a repre-sentative of Dow attesting to full and complete production.
The documents request from Dow are as follows:
a.
All notes or other forms of writing whether handwritten or typed or in any other form taken or prepared by anyone relating to (1) meetings between Dow and Consumers; (2) the subject matter of any meeting between Dow and Con-sumers; or (3) relating to any other meetings to discuss the subject matter of any Dow-Consumers meeting whether
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prior to or subsequent to any such meeting or any of said categories; i
b.
All memoranda, correspondence, documents or writings of any kind whether internal to Dow or initiated by Dow or received by Dow regarding (1) any contractual relatier. ship between Consumers and Dow; (2) the amendments to any contractual relationship between Consumers and Dow; (3) discussions concerning mnendments or proposed mmendments to any contract ~
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c, between Consumers and Dow; (4) the negotiating positions S
of Consuaers and Dow regarding any Dow-Conspmers contractual relationship; (5) the building or remodeling of steam and electrical facilities by Dow; and (6) ccmmunications between Dow and any federal, state or local agency concerning the building or remodeling of steam and electrical facilities by Dow; and c.
All memoranda, correspondence, documents or writings of any kind relating to the impact, whether economic, contractual or otherwise, upon the Dow-Consumcr: relationship, of the antitrust violations or anti-competitive conlact recently found to have been accomplished by Consumers by the Atomic Safety & Licensing Appeal Board
- reviewing anti-trust matters or anti-competitive conduct regarding the Midland nuclear power plant.
You are requested to produce documents from the period January 1, 1976 to the date of production of these documents, but you may exclude from production any documents you have already produced.
The contractual relationship referred to above between Dow and Consumers is that relationship dealing with the Midland nuclear power facility.
II.
As to Consumers Power Company Consumers Power Company is once again requested to produce for inspection and copying the following designated documents in their possession, custody or control.
These
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ALAB-452.
documents shall be made available for inspection and copying at the law offices of Myron M. Cherry, One IBM Plaza, Chicago, Illinois, on or before January 20, 1977.
Alternatively, Consumers Power Company may Xerox such documents which are called for here and deliver them on or before the time indicated.
This request requires an Affidavit from a repre-sentative of Consumers attesting to full and complete production.
The documents requested from Consumers are as follows:
a.
All notes or other forms of writing whether handwritten or typed or in any other form taken or prepared by anyone relating to (1) meetings between Dow and Consumers; (2) the subject matter of any meeting between Dow and Con-sumers; or (3) relating to any other meetings to discuss the subject matter of any Dow-Consumers meeting whether prior to or subsequent to any such meeting or any of said categories; b.
All memoranda, correspondence, documents or writings of any kind whether internal to Consumers or
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initiated by Consumers or received by Consumers regarding (1) any contractual relationship between Consumers and Dow; (2) the amendments to any contractual relationship between Consumers and Dow; (3) discussions concerning amendments or proposed amendments to any contract between Consumers and Dow; (4) the negotiating positions of Consumers and Dow regarding any Dow-Consumers contractual relationship; (5) the building or remodeling of steam and electrical facilities
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~l by Dow; and (6) communications between Consumers and any l
federal state or local agency concerning the building or remodeling of steam and electrical facilities by Dow; c.
All memoranda, correspondence, documents or writings of any kind relating to the impact, whether economic, contractual or otherwise, upon the Dow-Consumers relationship, of the antitrust violations or anti-competitive conduct recently found to have been accomplished by Consumers by the Atomic Safety & Licensing Appeal Boar & reviewing anti-trust matters or anti-competitive conduct regarding the Midland nuclear power plant;
.d.
All memoranda, correspondence, documents compilations, computer printouts or writings of any kind relating to (1) energy conservation; (2) reduction or in-crease in energy sales; (3) reduction or increase in peak demand, all with respect to the geographical area in which Consumers is authorized to sell electricity and/or any other geographic area in which there is a utility with which Consumers is interconnected or buys power from either on a recurrent or intermittent basis; e.
All documents, memoranda, correspondence or writings of any kind relating to the sale or potential sale by Consumers of electrical or steam power from the proposed Midland nuclear power plant and/or relating to the sale of any part of an undividad interest in the Midland nuclear ALAB-452.
power plant to another entity which itself sells electricity; f.
All correspondence, memoranda, documents or writings of any kind relating to the financing, proposed financing or raising of money by any nature in connection with the construction or operation of the Midland nuclear power facility; g.
All documents, memoranda, correspondence or writings of any kind relating to the forecasting of elec-trical peak demand or energy sales in-the geographic area in which Consumers is franchised to sell electricity, and/or any other geographic area in which there exists a utility with which Consumers is interconnected or from which Consumers buys electrical power on a consistent or sporadic basis; and h.
All documents, memorands, correspondence or writingsof any kind relating to expansion plans of, Consumers Power Company (whether by building facilities or purchasing power) for the period 1975 through the year 2000.
You are requested to produce documents from the period January 1, 1976 to the date of production of.these documents, but you may exclude from production any documents you have already produced.
The contractual relationship
referred to above between Dow and Consumers is that relationship dealing with the Midland nuclear power facility.
Respectfully submitted,
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Myron H Cherry
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U MYRON M. CHERRY Law Offices One IBM Plaza-Suite 4501 Chicago, Illinois 60611 (312) 565-1177 PROOF OF SERVICE I hereby certifiy that I mailed a copy of the foregoing Second Request for Discovery to members of the Atomic Safety & Licensing Board, the Secretary of the Nuclear Regulatory Commission, counsel for the Regulatory Staff, counsel for Dow Chemical Company and counsel for Consumers Power Company, postage prepaid and properly addressed before the close of business on January 5, 1978.
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uw arrices MYRON M. CHERRY D
ONERBM PLAZA CHICAGO. ILLINols So6tl A - * *>..s useas N.ee n
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December 5, 1977 my m
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Lee Nute, Esq.
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General Counsel's Office 6
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Dow Chemical Company N
Midland, Michigan 48640
Dear Mr. Nute:
I am in receipt of several updated interrogatory answers by Dow.
I should like to request the following documents in anticipation'of further proceedings.
1.
All notes whether handwritten or typed and in any form taken by anyone and in Dow's possession;* and 2.
All memoranda or correspondence whether internal to Dow or from-Dow to anyone else (and in Dow's possession) regarding the contracts between Consumers'and Dow, the amendments to the contracts between Consumers and Dow, the negotiating positions of Dow with Consumers and/or the building or remodeling of steam and electric facilities by Dow.
Please use the beginning date of January 1, 1977
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and exempt any documents you have already produced.
Your early attention to this would be appreciated.
Sincerely, IMa-i
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Myron'M.-Cherry MMC /dn (l
cc:
Milton Wessel, Esq.
relating to the meetings between Dow and Consumers, relating to the subject matter of the meetings between Dow and Consumers,
. relating ~ to any other meetings to discuss the subject matter of the Dow-Consumers meetings whether prior to or subsequent to any such meetings or any of said categories.
I;::hibit A
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law orr:CES MYRON M. CHERRY
- 'i O N C 1854 PLAZA
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CHICAGO. lLLINols 6o611 831H S S E
- sI F F December 5, 1977 I ',
' d, Michael I. Miller, Esq.
O Isham Lincoln & Beale
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One First National Plaza 42nd Floor Chicago, Illinois 60603
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Dear Mr. Miller:
I am. in receipt of various updates of Dow answers to interrogatories.
I should like to request the following documents in anticipation of further proceedings:
1.
All notes whether handwritten or typed and in any form taken by anyone and in Consumers possession;* and 2.
All memoranda or correspondence whether internal to Consumers or from Consumers to anyone else (and in Consumers' possession) regarding the contracts between Consumers and Dow, the amendments to the contracts between Consumers and Dow, the negotiating positions of Consumers with Dow and/or the
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building or remodeling of steam and electric facilities by Consumers.
Please use the beginning date of January 1, 1977 and exempt any documents you have already produced.
Your early attention to this would be appreciated.
i Sinderely, fi a
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/Vd Myro,M. Cherry Exhibit B MMC /dn g
l relating to the meetings between Dow and Consumers, relating to the subject matter of the meetings between Dow and consumers, relating to any other meetings to discuss the subject matter of the Dow-Consumers meetings whether prior to or subsequent to any such meetings or any of said categories.
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