ML19316B193

Response in Opposition to M Sinclair 800402 Motion to Produce Documents.Reserves Right to Move for Protective Order If Compelled to Produce.Request Is Too Broad & Outside Scope of Proceeding.Certificate of Svc Encl

ML19316B193
Person / Time
Site:	Midland
Issue date:	05/07/1980
From:	Farnell A CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8006120045
Download: ML19316B193 (6)

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& DOCKETED UNITED STATES OF AMERICA 1 -

NUCLEAR REGULATORY COMMISSION hs, MU 81980 > Ad GIIICS cith 3 NChtIni&hh~5'Di' BEFORE THE ATOMIC SAFETY AND LICENSING BOA

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In the Matter of )

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329-OL

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

)

CONSUMER POWER COMPANY'S OBJECTIONS TO MARY SINCLAIR INTERVENORS' MOTION TO PRODUCE DOCUMENTS DATED APRIL 2, 1980 Consumers Power Company (" Applicant") objects to Mary Sinclair Intervenors' " Motion to Produce Documents" dated April 2, 1980. Pursuant to-10 CFR S2.741(d) Applicant states the reasons for its objections:

General Objection Requests 1(a)-(g) :

The Request "each document and communication with [ sic]

relates [as defir.ed in Exhibit A Definitions and Instructions]

to" is overbroad, unduly burdensome and contrary to 10 CFR S2. 741 (c) in that.it does not " describe each item and category with reasonable particularity."

Specific Objections Request 1(a): l This. Request does not relate, as it must pursuant l to 10 CFR S2. 740 (b) (1) , to any matter in controversy which 8 00612 00Y6-4

was identified by the Atomic Safety and Licensing Board in the Special Prehearing Conference Order dated February 23, 1979. There are no contentions admitted into controversy regarding cost estimates for completion of the Midland nuclear units.

Request 1(b):

Applicant objects to this Request for the same reason as set forth in its position with regard to Request 1(a).

Request 'l(c) :

This Request does not relate, as it must pursuant to 10 CFR S2. 740 (b) (1) , to any matter in controversy which was identified by the Atomic Safety and Licensing Board in the Special Prehearing Conference Order dated February 23, 1979. There are no contentions admitted into controversy regarding the construction schedule for the Midland nuclear units.

Request 1(d) : I Applicant objects to this Request for the same reason as set-forth in its position with regard to Request 1(c).

Reques t l~ ('e) :

This Request does.not relate, as it must pursuant to 10 CFR S2. 740 (b) (1) , to any matter in controversy which was identified by the Atomic Safety and Licensing Board in the Special Prehearing Conference Order dated February 23, b -

1979. The only contentions which purported to deal with 1

Applicant's " negotiations with Dow Chemical Company" relating to Dow's participation or nonparticipation in the purchase of steam from the Midland nuclear units were Numbers 9 and 11.

Both of these contentions were rejected by the Board and are not in dispute.

Request 1(f):

This Request does not relate, as it must pursuant to 10 CFR S2. 740 (b) (1) , to any matter in controversy which was identified by the Atomic Safety and Licensing Board in the Special Prehearing Conference Order dated February 23, 1979. There are no contentions admitted into controversy regarding construction costs or construction delays.

Request 1(g):

This Request does not relate, as it must pursuant to 10 CFR S2. 740 (b) (1) , to any matter in controversy which was identified by the Atomic Safety and Licensing Board in the Special Prehearing Conference Order dated February 23, 1979.

The only contention which purported to deal with unspecified

" unresolved safety problems" was Number 52 which dealt with

" generic unresolved problems". That contention was rejected by the Board and is not a matter in dispute.

Applicant specifically reserves its rights under 10 CFR S2. 74 0 (c) to move at a'later date for a protective j$e

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l l

order if it is determined that Applicant must produce i

J documents.

Respectfully submitted, i b M.

j Alan S. Farnell j

Attorney for Applicant 3

) DATED: May 7, 1980 i

ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603

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312/558-7500

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ,

l

) I In the Matter of )

)

CONSUMERS POWER COMPANY ) Docket Nos. 50-329-OL

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

)

CERTIFICATE OF SERVICE I, Alan S. Farnell, hereby certify that a copy of Consumer Power Company's objections to Mary Sinclair Inter-venors' " Motion to Produce Documents" dated April 2, 1980 was ser personal delivery on Myron M. Cherry, c/o Cherry, Flynn & Kanter, One IBM Plaza, Suite 4501, Chicago, Illinois I 60611, and a copy was served upon all other persons shown in the attached Service List by deposit in the United States mail, first class, this 7th day of May, 1980.

ok b. O Alan S. Farnell

OPERATING LICENSE SERVICE LIST Frank J. Kelley, Esq. Grant Merritt, Esq.

Attorney General of the Thompson, Nielsen, Klaverkamp & James State of Michigan 4444 IDS Center Stewart H. Freeman, Esq. 80 South Eighth Street Assictant Attorney General Minneapolis, Minnesota 55402 Gregory T. Taylor, Esq.

Assistant Attorney General Atomic Safety & Licensing Appeal Panel Environmental Protection Div. U.S. Nuclear Regulatory Commission 720 Law Building Washington, D.C. 20555 Lansing, Michigan 48913 Mr. C. R. Stephens Myron M. Cherry, Esq. Chief, Docketing & Service Section One IBM Plaza Office of the Secretary Suite 4501 U.S. Nuclear Regulatory Commission Chicago, Illinois 60611 Washington, D.C. 20555 Mr. Wendell H. Marshall Ms. Mary Sinclair RFD 10 5711 Summerset Street Midland, Michigan 48640 Midland, Michigan 48640 Ivan W. Smith, Esq. Colleen P. Woodhead, Esq.

Atomic Safety & Licensing Bd. Counsel for the NRC' Staff U.S. Nuclear Regulatory Com. U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Mr. Lester Kornblith, Jr. Atomic Safety & Licensing Board Panel Atomic Safety & Licensing Bd. U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Com. Washington, D.C. 20555 Washington, D.C. 20555 Dr. Frederick P. Cowan 6152 N. Verde Trail Apt. B-125 Boca Raton, Florida 33433 Carroll E. Mahaney Babcock & Wilcox P. O. Box 1260 Lynchburg, Virginia 24505 I +