ML19331B065
| ML19331B065 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 09/26/1973 |
| From: | Joseph E Pollock DAVERMAN ASSOCIATES, INC., SPIEGEL & MCDIARMID |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007250763 | |
| Download: ML19331B065 (6) | |
Text
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UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION In the matter of
)
)
Consumers Power Company
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Docket Nos.
50-329A Midland Plant (units 1 and 2)
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50-330A MOTION FOR A PROTECTIVE ORDER To:
Jerome Garfinkel, Chairman, Atomic Safety and, Licensing Board Pursuant to Section 2.740 (c) (6) of the Commission's Rules of Practice, 10 C.F.R. Part 2, Daverman Associates,
~ Incorporated, through their attorney, respectfully requests 1
the Chairman, or the Commission, to issue a protective order to Consumers Power Company, their Washington and Grand Rapids,
Michigan attorneys, to National Economics Research Association (N.E.R. A.), and to any other persons or parties associated with Consumers Power Company, restricting thereby the examina-tion of all documents now in their possession and all the Daverman documents which may be supplied in the future to Washington attorneys for Consumers Pcwer Company or NERA.
As reasons for this motion, petitioner states as follows:
1.
Counsel for petitioner has informally requested that documents turned over by Daverman to the Grand Rapids, Michigan law firm of Warner, Norcross & Judd on August 31, 1973 8007250 7 6 ]
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e and on September 7, 1973 be returned pending the Board's ruling on our motion to quash or condition the Daverman subpoena Duces Tecum filed September 18, 1973.
Counsel for Consumers Power Company has refused to do so, but has instead filed a motion to obtain the remainder of the documents now in the ossession of Daverman's counsel.
e 2.
Likewise, counsel fcr Daverman has requested Washington counsel for Consumers Power Company to inform him of the persons who have examined the documents the number of copies which have been made and their distribution, e
and the identity of the parties in possession of any copies.
Confidential treatment of the Daverman documents in accordance with ALAB 122 has also been requested informally.
As of this 3
date, no response from counsel with respect to any of the informal requests has been. received.
Accordingly, our only recourse is to seek the protective order of the Board.
3.
The Daverman documents contain, inter alia, end-use customer data, proposals to serve new customers, and other related confidential business data, much of which involves non-party municipals and cooperatives and even some non-parties
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which have not been subpoenaed by Consumers Power Company.
While we do not maintain that such requests are completely irrelevant, we do bontend that such information, simply.
i
because it was requested by Consumers Power Company, should not be turned over to the competition.
This is completely in line with the spirit of the Atomic Licensing Appeal Board's rulings with respect to non party documents supplied in response to other Consumers Power Company's Subpoenas.
4.
While much of the material and data furnished by Daverman is not sensitive, there is enough information con-tained throughout the entire package to warrant a general protection from inspection by the Consumers Power Company g.
personnel.
We would not object.to the release of technical s.,.
or out of date materials on a case by case basis so long as they would be responsive to a previous document request levied on the parties or non-parties to this proceeding.
5.
The Davermar. documents, if released to Consumers Power Company personnel, would be the equivalent of locking the barn after the horse has been stolen.
If the competition can review the business plans before they are instituted these municipals and cooperatives would be further hampered i
in remaining in viable competition in the market.
Wherefore, for the reasons stated above, and because many of the Daverman documents are still in the hands of Consumers Power Company, we respectfully request the Chairman, or the Commission, to -issue a protective order with respect i
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i to all the Daverman documents which are now, or may be in the future, in the possession of Consumers Power Company.
This order should contain the following protective conditions:
(a)
Only the Washington counsel for Consumers Power Company and the National Economics Research Associates will be permitted to examine the Daverman documents.
(b)
Any copies of the Daverman documents in the possession of persons other than the above should be returned to, Washington counsel for Consumers Power Company, with a statement to counsel
.for Daverman identifying the persons who have examined them.
5.
(c)
Any work papers, notes or materials relating in any way to the Daverman documents possessed by persons other than Washington counsel or MERA should be furnished to counsel for Daverman immediately, and all other copies of such papers destroyed.
(d)
An affidavit of Washington counsel should be submitted in which all of these protective conditions are verified.
Respectfully submitted, l
hi -
James C. Pollock September 26, 1973 Attorney for Daverman Associates, Inc.
Spiegel & McDiarmid 2600 Virginia Avenue, N.
W.
Washington, D. C.
20037 4-i
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UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION In the Matter of
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Consumers Power Company
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Docket No.s. 50-329A Midland Plant (Units 1 and 2)
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50-330A
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AFFIDAVIT DISTRICT OF COLUMBIA, SS:
James C. Pollock, being first duly sworn, deposes and says that he is the attorney for Daverman Associates, Inc., and i
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that as such he has signed the foregoing Motion for a Protective Order for an'd on behalf of said parties; that he is authorized so to do; that he has read said Motion and is f amiliar with the contents thereof; and that the matters and things therein set forth are true and correct to the best ofhis knowledge, information or belief.
c. 9
2 - - - - - -
Jameh#C. Pollock Subscribed and sworn to before me this 26th day of September, 1973.
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d.M e_J
./L'il t h t-G
/ Notary Public v.
My Commission Expires September 30, 1974.
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f UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION In the Matter of
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Consumers Power Company
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Docket Nos. 50-32 9A Midland Plant (Units 1 and 2)
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50-330A Certificate of Service I hereby certify that the foregoing document in the above-captioned matter was served upon the following by deposit in the United States mail, first class or air mail, this 26th
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' day o'f September, 1973.
Alan S.
Rosenthal, Esq.
Joseph Rt: berg, Esq.
Chairman Atomic Safety and Licensing Atomic Energy Commission Board Panel 7920 Norfolk Avenue U.
S. Atomic Energy Commission Bethesda, Maryla.d Washington, D.
C.
20545 Abraham, Chief Jerome Garfinkel, Chairman Office of Antitrust and Atomic Safety & Licensing Board Indemnity U.
S. Atomic Energy Commission U.
S. Atomic Energy Commission Washington, D.
C.
20545 Washington, D.
C.
20545 Joseph J.
Saunders, Esquire Mr. Frank W.
Karas, Chief Department of Justice Public Proceedings Branch Antitrust Division Office of the Secretary Washington, D. C.
20530 Atomic Energy Commission Washington, D.
C.
20545 Harold P. Graves, Esq.
General Counsel-Wallace Edward Brand, Esq.
Consumers Power Company Antitrust Public Counsel 212 West Michigan Avenue Department of Justice Jackson, Michigan 49201 P. O.
Box 7513 Washington, D.
C.
20044 William Warfield Ross, Esq.
Wald, Harkrader & Ross Dr.
J. Venn Leeds, Jr.
1320 18th Street, N. W.
P. O.
Box 941 Washington, D.
C.
20036 Houston Texas 77001 Spiegel & McDiarmid e, b m,,,
2600 Virginia Avenue, N.W.
m Washington, D. C.
20037 James C. Pollock i
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