ML19309G143

Motion for Production of Documents Directed to Cpc,Re Cost Estimate,Const Schedule & Unresolved Safety Problems. Certificate of Svc Encl

ML19309G143
Person / Time
Site:	Midland
Issue date:	04/02/1980
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19309G138	List: ML19309G137 ML19309G140 ML19309G143
References
NUDOCS 8005050031
Download: ML19309G143 (8)

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Before the Atomic Safety and Licensing Board $[,

In the Matter of: ) Dkt Nos. 50-329

) 50-330 CONSUMERS POWER COMPANi, )

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(Midland Plan,t, Units 1 and 2) ) Operating License MOTION TO PRODUCE DOCUMENTS Intervenors, pursuant to 10 C.F.R. S 2.741, request that Consumers Power Company produce for inspection and copy-ing within 30 days after service hereof, at the law offices of Cherry, Flynn & Kanter, One IBM Plar,a, Suite 4501, Chicago, l

Illinois (or such other place mutually agreed upon), the j following documents and communications.

DEFINITIONS AND INSTRUCTIONS Please observe in connection with this document request the definitions and ins'tructions attached hereto as l Exhibit A.

DOCUMENTS AND COMMUNICATIONS

1. Each document and communication with relates to: .

(a) The cost estimate for completion of the Midland nuclear units in the approximate range of ,

$3.1 billion prepared by Bechtel;

4 (b) Any study, analysis, or review of the cost estimate referred to in (a) above and prepared by or on behalf of Consumers Power Company; (c) The revised construction schedule for the Midland nuclear units prepared by.Bechtel and relating to operation in the post-1984 period; (d) Any study, analysis, or review of the construction schedule revisions referred to in (c) above and prepared by or on behalf of Consumers Power Company; (e) Negotiations with Dow Chemical Company subsequent to June 1976 and relating to Dow's parti-cipation or nonparticipation in the purchase of steam from the Midland nuclear units; (f) The decision recently announced by Consumers Power Company to complete the Midland nuclear units, notwithstanding increase in costs or construction delays; (g) Each unresolved safety problem applicable to the Midland nuclear units. As used within this request the term " unresolved safety problem" includes but is not limited to any safety problem applicable to Midland and identified by the Advisory Committee on Reactor Safeguards, any component of the United States l

Nuclear Regulatory Commission, any employee of Consumers Power Company, any employee of any consultant to, or l

contractor with, Consumers Power Company, and any item which was not resolved in the construction permit stage but was left for resolution at the operating stage.

MARY SINCLA R INTERVENORS, e al.

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of '1 heir fttbrneys Myron M. Cherry Peter Flynn CHERRY, FLYNN & KANTER One IBM Plaza Suite 4501 Chicago, Illinois 60611 (312) 565-1177 l

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EXHIBIT A DEFINITIONS AND INSTRUCTIONS The following definitions and instructions shall be used and applied by you in connection with the requested information:

1. " Communications" shall mean and include all

" documents" as hereinafter defined and all written, oral, telephonic or other inquiries, discussione, conversations, negotiations, agreements, understandings, meetings, letters, notes, telegrams, advertisements, press releases, publicity releases, trade releases, and interviews.

2. As used herein, " documents" includes, but is not limited to, written " communications' (as defined), in any form, f papers, photographs, films, recordings, memoranda, books, records, accounts, communications, writings, letters, telegrams, mail-grams, correspondence, notes of meetings or of conversations or of phone calls, interoffice menoranda or written communi-cations of any nature, recordings of conversations either in writing or upon any mechanical or electronic or electrical l l

recording devices, notes, accountant's statements or summaries, budgets, exhibits, appraisals, work papers, reports, projects, l

tabulations, purchase orders, invoices, cancelled checks or I check stubs, receipts, studies, surveys, legal opinions, affi-

davits, interrogatories, legal briefs, legal motions, judgments, complaints, legal complaints, answers, legal answers, counter-claims, vouchers, minutes of meetings, designs, drawings, manuals, notebooks, worksheets, contracts, agreements, letter agreements, bills of lading, warehouse receipts, timesheets, premissory notes, diaries, desk calendars, circulars, charts, ledgers, schedules, transcripts, news releases, advertisements, press books, advertising materials, publicity releases, trade releases, press releases, teletype messages, licenses, /

financial statements, appointment books, payment records, stenographers' notebooks, punchcards and computer printout sheets, computer data, telecopier transmissions, articles of incorporation, articles of association, by-laws, rules, expense records, regulations, directives, hotel charges, stock transfer books, proposals, prospectuses, offers, orders, logs, objections, video tapes, video cassettes, releases to television stations, video tapes, video cassettes, releases to television stations, evaluations, promotional material, production and sales or license material, whether formal or informal; and all drafts, revisions, and differing versions (whether formal or informal) of any of the foregoing, and also all copies of any of the foregoing which differ in any way (including handwritten notations or other written or printed matter of any nature) from the original.

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3. The terms " relate to" or " relating to" shall mean: consist of, refer to, reflect or be in any way logically or factually connected with the matter discussed.

4. The words "and," and "or" shall be read herein in the conjunctive or disjunctive or both, as the case may be, all to the end that the interpretation be applied which results in the more expansive production.

5. If you claim privilege regarding (or advance any reason for not eroducing any) document or communication, please set forth with particularity the date, subject matter and persons relating to each such document or communication, as well as your reasons for non-production, and' maintain all such documents and communications for possible inspection and/or ruling.

6. When you produce documents and communications, insofar as practicable, please label or otherwise identify the documents and communications as belonging to one or more of the categories herein.

7. Upon and with your production of documents and communications, please provide one or more affidavits setting forth the manner and completeness of the production, including the names and addresses of persons who searched for or gathered the documents and communications, a specific identification of the places from which the documents and communications were ,

gathered (or places which were searched, even if they produced no documents and communications), a listing of the addresses of each place where the documents and communications requested herein might be maintained, the name and addresses of the person or persons in immediate charge of maintaining documents in each such place, and a statement as to whether each such possible place was searched for the production of documents and communications requested herein.

8. The documents and communications or other material requested are requested of you (as that term is described in subparagraph 1 hereinabove) and include all documents and communications within your possession as well as within your control. If a document or communication is not within your possession but is within your control, in the sense that it is maintained by a person who has business relationships or contractual relationships with you or any other person with whom you normally deal and would have no difficulty in a business sense in making any request for such document or communication, then you are required in connection with this Request to make reasonable efforts to obtain the document or communication with the production called for by this Request.

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CERTIFICATE OF SERVICE I certify that the foregoing was mailed, postage prepaid and properly addressed, to the Secretary of the Nuclear Regulatory Commission, Washington, D.C. 20555 on April 2, 1980, and on the same day copies of the foregoing were mailed by first-cless mail, postage prepaid, to members of the Licensing Board, counsel for Consumers Power Company, and counsel for Dow Chemical Company.

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