ML19347A587

Responds to RR Renfrow Jan 1977 Ltr.Discusses CPC Unreasonable Refusal to Allow Document Insp on Weekends and Imposition of Financial Penalty.Mm Cherry & Expert Witness Schedule Is Exigent & Funds Low.Related Correspondence

ML19347A587
Person / Time
Site:	Midland
Issue date:	01/11/1977
From:	Flynn P CHERRY, M.M./CHERRY, FLYNN & KANTER
To:	Renfrow R ISHAM, LINCOLN & BEALE
References
NUDOCS 8007291013
Download: ML19347A587 (1)

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. LAW OrrtCES MYRO N M. CH ER RY

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January 11, 1977- 5" h e\4,f j

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R. Rex Renfrow III,.Esq. 9 co Isham, Lincoln &-Beale One First National' Plaza ~

Chicago, Illinois 60603

'Re: ' Midland Proce_edings -- Discovery

Dear Mr. Re.nfrow:

We have~ received your remarkable letter of January 1977, and ve: protest.in the strongest tetus. You know full well that Myron Cherry's schedule is exigent, and that he does not suggest v,orking on weekends for any reason other than the demands of his own schedule and,:I might add, the schedule of his expert witness, who will be unable to begin review of the doctments in your pcssession.'until January 15. You also know that, .nlike Consumers Power Company, the intervenors in this proceeling are operating under severe financial constraints and do not have the funds'with which to satisfy your outrageous demand that we pay ,

overtime wages to .you paralegal and duplicatin'g personi bT. We  :

cannot regard that demand as anything more than a furtht : example of Consumers' co'ntinuing reluctance.and fo'ot dragging in connection with its obligation (and yours) to get the truth out in these hearings.

As you know, but omit to state in your letter,- we have of t'ered to do ,

i our own xeroxing'if you will make your documents available to us for j that purpose. We can only interpret your letter as a rejection of' that attempt to cooperate. l i

Your-reference to Rule 34 in your letter is baffling.

Under the~ circumstances of these- hearings,- including Consumers '

repeated expression of concern over delay in the proceedings and the l fa :t that intervenors and their counsel have neither the staff nor th a financial 1 resources to devot5 the necessary attention to this case without working on weekends and in the evenings, and especially  !

in view of the fact that these hearings are to reconvene on Tuesday, l Jaauary 18, we. do not believe that it. is in any way " unreasonable"  !

te work weekends. Rather.what is unreasonable is your refusal to lre cognize! that fact and_ your grossly improper attempt to attach a

-f:.nancial -penalty to fit.

i V y er yours,

.8007291 0/.

PF:et

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.h-Peter Flynn 3#

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