ML19344A153
| ML19344A153 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 07/12/1971 |
| From: | Bauer J, Groening W, Wessel M DOW CHEMICAL CO., KAYE, SCHOLER, FIERMAN, HAYS & HANDLER |
| To: | |
| References | |
| NUDOCS 8008060444 | |
| Download: ML19344A153 (1) | |
Text
.
A p
UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
)
)
Docket No. 50-329 CONSUMERS POWER COMPANY
)
)
.50-330 Midland Plant, Units 1 and 2
)
7-/4 - h' DOW PROPOSED CERTIFIED QUESTION
~
(WESTINGHOUSE REPORT)
Where a document claimed to be proprietary by a third party, is within the possession of the AEC staff subj ect to such pro-prietary claim and also in the possession of an Opposing Intervenor, 'subj ect to a protec tive order in another AEC licensing proceeding precluding it.a use in any manner in'the instant proceeding, may the instant Board, following review of the document in camera, and without deciding the merits of.the proprietary claim, exercise its discretion to deny production from the AEC staff under AEC Regs. 2 744 or from the third party pursuant to subpoena under AEC Regs. 2 720, on the grounds that the information contained in the document is cumulative in light.of the entire Record in the instant proceeding to date and the fact that other evidence is available to the Opposing Intervenors which discloses essentially everything that is in the document sought?
Dated:
Midland, Michigan July 12, 1971 Respectfully submitted,
.. G A f h. d. N, /
d.e, -
G.
ay,_Scholer, Fierman,' Hays Of Counsel,
& Handler Milton.R. Wessel',
Hearing Counsel for The Dow h// f Joucph P.
- Bauer, Chemical Company 8008060 and William'A.__Groening, Jr.,
U James N. 0'Connor.
1
}., M
.