ML19331B076
| ML19331B076 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/03/1977 |
| From: | Coufal F Atomic Safety and Licensing Board Panel |
| To: | AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8007250772 | |
| Download: ML19331B076 (6) | |
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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of
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CONSUMERS POWER COMPANY Docket Nos.
(Midland Plant, Units 1 and 2)
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ORDER 5-3 77 On March 24, 1977, counsel for Intervenors other than Dow Chemical Company advised during a session of the evi-dentiary hearing that certain coal costs mentioned in the testimony by one of the witnesses for the Licensee in this proceeding were "in direct contravention" to what Licensee told the Public Service Commission'of Michigan (see Tr.
5038-5044).
As a result of that charge, the Board directed the Staff to investigate the allegation including the taking of deposition of a Dr. Timm to whom counsel for Intervenors other than Dow attributed his information.
Pursuant to that order, the Staff has asked for and received a subpoena from
-l this Board directing Dr. Timm to appear May 5, 1977, with certain documents.
j Counsel for Intervenors other than Dow have filed objections to the Notice of Deposition and Subpoena for two principal reasons:
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2-(1) that it is illegal to subpoena an expert witness, and (2) that financial assistance has not been afforded the Intervenors in this case.
Staff will obviously have to pay the witness whatever fees are due for responding to the subpoena and testifying pursuant thereto.
The question of subpoenaing an expert should not arise because questions to be put to the witness are questions of fact which are in regard to whether he made the allegation involved and if so to identify with specificity the documents or other bases he has for making l
that charge.
i We note however that Dr. Timm is scheduled to testify in this proceeding beginning on May 9,1977, in Chicago.
l Accordingly, IT IS ORDERED that the objections of Intervenors other than Dow to the Notice of Deposition and Subpoena are over-ruled.
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IT IS FURTHER ORDERED that the appearance date for Dr. Timm to respond to the deposition subpoena is continued to May 19, 1977.
If testimony given by the witness Timm on May 9, 1977 in Chicago resolves the reasons for which the deposition is to be taken, it may not be necessary.
THE ATOMIC SAFETY AND LICENSING BOARD Frederic J.
Cou'fal, Cha an Dated at Bethesda, Maryland, this 3rd day of May, 1977.
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UNITED STATES OF A>EhtICA NUCLEAR RECULATORY CO!D!ISSION In the !!atter of
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CONSUMERS POWER COMPANY
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Docket No.(s) 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 I have this day served the foregoing document (s) upon each person designated on the official service list compiled.by the Office of the Secretary of the Cornission in this proceeding in 2-accordance with the requirements of Section 2.712 of 10 CFR Part Rules of Practice, of the Nuclear Regulatory Commission's Rules and Regulations.
Dated Washington, D.C. this day of J
1977.
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l Of'fice of,the Secretary of tpe Commission m
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket No.(s) 50-329
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50-330 (Midland Plant, Units 1 and 2)
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SERVICE LIST Frederic J. Coufal, Esq., Chairman i
i Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Emmeth A. Luebke James A. Kendall, Esq.
Atomic Safety and Licensing Board Currie and Kendall U.S. Nuclear Regulatory Commission 135 North Saginaw Road
' Washington, D.C.
20555 Midland, Nichigan 48640 Dr. J. Venn Leeds, Jr.
Judd L. Bacon, Esq.
10807 Atwell' Consumers Power Company Houston, Texas 77096 212 West Michigan Avenue Jackson, Michigan 49201 Office of the Executive Legal Director Counsel for NRC Staff William J. Ginster, Esq.
U'.S.
Nuclear Regulatory Commission Merrill Buildin3, Suite 4 Washington, D.C.
20555 Saginaw, Michigan 48602 Myron M. Cherry, Esq.
One IBM Plaza Chicago, Illinois 60611 Harold F. Reis, Esq.
Lowenstein, Newman, Reis & Axc1 rad Honorable Curtis G. Beck 1025 Connecticut Avenue, N.W.
Assistant Attorney General Washington, D.C.
20036 State of Michigan 4
.Seven Story Office Building l
Honorable Charles A. Briscoe 525 West Ottawa l
Assistant Attorney General Lansing, Michigan 48913 State of Kansas Topeka, Kansas 666:2 Lee Nute, Esq.
Michigan Division I
.Irving Like, Esq.
The Dow Chemical Company Reilly, Like and.Schneider 47 Building 200 Weat' Main Street Midland, Michigan 48640 Babylon, New York.11702 s
.s 50-329, -330 Page 2 Anthony Z. Roisman, Esa.
Natural.Resou'rces Defense Council 917 - 15th Street, N.W.
Washington, D.C.
20005 i
Joseph Gallo, Esq.
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Isham, Lincoln & Beale 1050 - 17th Street, N.W.
Washington, D.C.
20036 David J. Rosso, Esq.
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R. Rex Renfrow, III, Esq.
Isham, Lincoln & Beale One First National Bank Plaza Chicago, Illinois 60603 Ms. Mary Sinclair 5711 Summerset Street Midland, Michigan 48640 Mr. Steve Gadler, P.E.
2120 Carter Avenue St. Paul, Minnesota 55108 Grace Dow Memorial Library 1710 West St. Andrew Road Midland, Michigan 48640 4
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