ML19331B178
| ML19331B178 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 12/30/1976 |
| From: | Gibbs M, Mark Miller CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-CP, NUDOCS 8007280727 | |
| Download: ML19331B178 (2) | |
Text
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Before the Atomic Safety and Licensing Board w
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket N [
(Midland Plant, Units 1 and 2)
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MOTION OF CONSUMERS POWER COMPANY AND ITS COUNSEL TO ISSUE A PROTECTIVE ORDER COVERING ITS MEMORANDUM AND ACCOMPANYING EXHIBITS DATED DECEMBER 30, 1976 The Atomic Safety and Licensing Board (the " Board")
has ordered Consumers Power Company (" Consumers") to submit a memorandum concerning the circumstances surrounding the prepara-tion and presentation of a witness' testimony in the remanded construction permit proceeding for the Midland nuclear facility.
Consumers is complying with the Board's request by enclosing cop.'es of its memorandum for the Board as well as sealed copies for the parties.
However, before serving all parties with' copie's of the memorandum and accompanying exhibits, Consumers and its counsel request that the Board issue a protective order prohibiting any party from disclosing or utilizing the contents of those submis-sions.
The memorandum and exhibits, which include the affidavits of both in-house and outside counsel for Consumers, contain -
descriptions of and references to the mental processes of the attorneys involved in this proceeding, advice given by attorneys l
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to their clients, and conversations between attorney and client, all of which are subject to evidentiary privileges.
By sub-mitting the memorandum and exhibits to the Board, in compliance with its order, counsel for Consumers are not waiving their claim to the attorney-client and work product privileges which attach to the conversations, thought processes and documents referred to in the memorandum and exhibits.
Therefore, Consumers and its counsel move the Board to issue a protective order to preserve the viability of the attorney-client and' work product privileges involved.
Once that order has issued, Consumers and its counsel request that the Board (1) deposit the enclosed postage prepaid envelopes con-taining copies of the memorandum and exhibits, addressed to the parties, in the United States mail and (2) request the Docketing Section of the NRC to set up appropriate facilities to protect these submissions.
If the Board denies this motion, Consumers requests the Board to reviets this submission in camera and rule thereon.
Respectfully submitted, f
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lichael I. Miller
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j Mal &ha E. Gibbs
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Twoofthekttorneysfor Consumers Power Company December 30, 1976 m--
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