ML20150F806

Discusses Matters to Be Addressed Prior to 790702 Evidentiary Hearing.Nrc Prepared to Assist ASLB in Appropriate Manner.Conference Scheduled for 790615 to Discuss Record,Discovery by Deposition & Transcripts

ML20150F806
Person / Time
Site:	Midland, 05000000
Issue date:	06/14/1979
From:	Olmstead W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Leeds J, Luebke E, Mark Miller Atomic Safety and Licensing Board Panel
Shared Package
ML20150F172	List: ML20150F170 ML20150F806 ML20151B319 ML20151B324 ML20151B345 ML20151B447 ML20151C503 ML20151G694 ML20209B290 ML20209B331 ML20209B400 ML20209B407 ML20209B413 ML20209B419 ML20209B517 ML20210S413 ML20210S451 ML20210S469
References
FOIA-84-96 NUDOCS 8007310687
Download: ML20150F806 (2)

Text

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June 14, 1979 )

Marshall E. Miller, Esq. . Dr. J. Venn Leeds, Jr. . ,.

Atomic Safety and Licensing Board Atomic Safety and Licensing Board v U.S. Nuclear Regulatory Commission 10807 Atwell -

Washington, D. C. 20555 -

Houston, Texas 77096 - .

Dr. Emeth A. Luebke '

Atomic Safety and Licensing Board - n4 U.S. Nuclear Regulatory Comission Washington, D. C. 20555 -

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ya In the Matter of '

-1, CONSUMERS POWER COMPANY (Midland Plant. Units 1 and 2) ".

Docket Nos. 50-329 and 50-330 (Remand Proceeding)  :

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Gentlemen: "'

There are several matters that the Board may wish to address prior to the  !

evidentiary hearing scheduled to start on July' 2,1979. .a At the prehearing conference on May 1, 1979, the Board emphasized that the 6 evidentiary hearing will be different in several respects from tha' usual

NRC proceeding (Tr. 51070-71). Questions concerning the role of the parties and the role of counsel were discussed byt not resolved. Order of proof was discussed but not resolved. Consequently, it would be appropriate to resolve these matters before the hearing comences.

l During the depositions, the attorney-client privilege was raised several times -

(for example, see pp.18-20 of the May 14, 1979 deposition of James F. Hanes t and pp. 139-140 of the May 15, 1979 deposition of Leslie F. Nute). Dow has .-

asserted the privilege with regard to assessments of Dow's contract liabilities to Consumers. These assessments were evidently provided to the Dow USA Board during the presentation of the results of the Klomparen's review of the Midland Division position. Dow has also asserted priv*elege with regard to Mr. Nute's two letters on " current contract status" to Mr. Temple dated August 5, 1976 and August 27, 1976. These letters have been described as a "eegative" view of the Dow-Consumers' contract relationships as opposed to a " positive" view -

prepared by Mr. Burroughs which has been made available in discovery. In addition, Consumers has asserted privilege concerning an assessment of the Dow-Consumers contract which they had prepared by an outside law firm. The firm assessed Consumers position in possible litigation with Dow in the event of a change in Dew's position. At theppeehearing conference, the Board indicated l (

tha t 4 t wui1 A -m=;#.11y

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,,, he, information requested may be relevant be< ause it relates to reasons under-y ng the DoWrt6Fp3riti puiltion as present~ec in the reman:I p y y tags

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• d The Staff has reviewed the record and by letter of June 1, infonned the Board of the results of that review. Discovery by deposition has been conducted -

during the past month and transcripts have been furnished the Board. The Staff -

is prepared to assist the Board in developing or pursuing any further matter #*;

which the Board may have identified as a result of its review of the depositions or coverespondence received thus far.- As the Board may have noted, the Staff . _ :. c ~.

has requested other parties to provide any information they may have concernin.g 2-the issues identified in the Board's May 3, 1979 Order and has not received. ,

MQ any reply. lt.f.

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TheStaffispreparedtoassisttheBoardin'whateverm'anitermayb'eappropriate.' 42k A conference call has been scheduled for 11:00 a.m. on Friday, June 15. 1979 i to further discuss these and other matters with the Board and the' parties.

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F:!N 7 f,_ gg, Sincerely, J. .

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William J. Olmstead . ,)

- Counsel for NRC Staff  : :,

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Judd L. Bacon ,.

A Grant J. Merritt, Esq.

Ms. Mary Sinclair M Harold F. Reis, Esq.

Gerald Charnoff, Esq. l Mr. Steve Gadler Docketing and Service Section Michael I. Miller Esq.

Atomic Safety & Licensing Board Panel e Atomic Safety & Licensing Appeal Panel William C. Potter, Jr. g flyron M. Cherry, Esq.

l R. L. Davis, Esq.

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