ML19331B232

Motion for Filing Late Responses to Intervenors',Other than Dow Chemical,770112 Interrogatories.Licensee Was Involved in Preparing Brief & Affidavit Re Temple Testimony. Certificate of Svc Encl

ML19331B232
Person / Time
Site:	Midland
Issue date:	01/12/1977
From:	Rosso D CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19331B227	List: ML19331B226 ML19331B232
References
NUDOCS 8007280825
Download: ML19331B232 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Daard

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In the Matter of )

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329

) 50-330 (Midland Pla..c, Units 1 and 2) )

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CONSUMERS POWER COMPANY'S MOTION FOR LEAVE TO FILE ITS RESPONSES TO INTERROGATORIES Consumers Power Company (" Licensee") moves the Atomic Safety and Licensing Board (" Board") for leave to -

file the attached responses to interrogatories addressed to it by Intervenors other than Dow ("Intervenors") on Jan-uary 12, 1977. The responses were due on January 10, 1977.

In support of this motion, Licensee states as follows:

1. The interrogatories were received by Licensee's counsel on December 27, 1976. These interrogatories were later amended by letter of December 29, 1976 (mailed to Licensee's counsel on December 30, 1976) and by letter of January 3, 1977. In certain instances, the amendments requested additional information not requested in the original set of interrogatories (see amendment of 12/29/76 to interrogatory 5).

2. At the time of receipt of the interrogatories, Licensee's counsel were er, gaged in preparation of the Brief and Affidavity .regarding the preparation of Mr. Temple's 8007280 g g -

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w testimony, filed on December 30, 1976; in continued production of documents for discovery; and in preparation of Licensee's Motion and Brief on the issues to be addressed by this Board, which will be filed shortly; as well as in meeting professional obligations not. connected with this case.

3. Licensee and its counsel have attempted to respond as fully as possible within the time available to those interrogatories as to which Licensee has no objections.

It was simply unable to complete all of its responses by January 10, 1977. Moreover, due to an unusual delay in the mails, verification of the respoases by tir. Ilowell could not be provided until January 12, 1977.

4. Licensee is serving its responses on counsel for Intervenors by messenger on January 12. It will serve the responses on the Board and Staff counsel in Washington by messenger on January 13. Consequently, the parties will not be prejudiced by the two day delay in responding, since messenger delivery will obviate delays in the mails.

For all of the foregoing reasons, Licensee requests the Board to grant its motion for leave to file on January 12, 1977.

Respectfully submitted,

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. fffd D a v i r M ~o's s o Isham, Linco n & Deale One First N tional Plaza Chicago, linois 60603 Counsel or Consumers Power Company January 12, 1977

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, se a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Doard

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In the Matter of )

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CONSUMERS POWER COMPANY .

) Docket Nos. 50-329

) 50-330 (Midland Plant, Units 1 and 2) )

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CERTIFICATE OF SERVICE I hereby certify that copies of the attached

" Licensee, Consumers Power Company's, Answers and Objections To Interrogatories From All Intervenors Except Dow Chemical company, Dated December 27, 1976" and " Motion For Leave To File Its Responses To Interrogatories", dated January 12, 1977 in the above-captioned proceeding, have been served on the following by hand delivery this 12th day of January, 1977:

Myron M. Cherry, Esquire One IBM Plaza Suite 4501 '

Chicago, Illinois 60611 The following will also be served by hand delivery on the 13th day of January, 1977:

Frederic J. Coufal, Esq. Dr. Emmoth A. Luebke, Esq.

Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Washington, D.C. 20555 Lawrence Brenner, Esq. Dr. J. Venn Leeds, Jr., Esq.

Nuclear Regulatory Commission 10807 Atwell i Houston, Texas 77096 Washington, D.C. 20555 '

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T,he following have been served by deposit in the United States mail, first-class, this 12th day of January,1977:

Mr. C. R. Stephens Chief, Docketing and Service Section Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 L. F. Nute, Esquire Legal Department Dow Chemical U.S.A.

Michigan Division Midland, Michigan 48640 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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Isham, Lincoln & Beale f

One First National Plaza Chicago, Illinois 60603 Counsel for Con umers Power Company January 12, 1977 i

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