ML19326D492

Supplemental Memorandum to Objections to Document Request & Motion for Protective Orders.Certificate of Svc Encl

ML19326D492
Person / Time
Site:	Midland
Issue date:	11/21/1972
From:	Golden T, Ross W, Watson K CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), WALD, HARKRADER & ROSS
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19326D490	List: ML19326D489 ML19326D492
References
NUDOCS 8006110526
Download: ML19326D492 (5)

Text

__

_ ~

J UNITED STATES OF AFERICA ATOMIC ENERGY COMMISSION In the Matter of )

) ' Docket Nos. 50-329A Consumers Power Company ) 50-330A (Midland Plant, Units )

1 and 2) )

TO THE ATOMIC SAFETY AND LICENSING BOARD:

APPLICANT'S SUPPLE 2 ENTAL MEMORANDUM TO ITS OBJECTIONS TO DOCUMENT REQUEST AND MOTION FOR PROTECTIVE ORDERS 1

Consumers Power Company (hereinafter " Consumers")

hereby files a 19plemental memorandum to its " Objections to Document Requests and Motion for Protective Orders", dated October 26, 1972. This memorandum relates to discovery rulings by another AEC antitrust hearing board which were rendered sub-sequent to the filing of Consumers' most recent pleading in this proceeding.

In addition to the authorities cited in Consumers'

-Objections and in its Reply to the answers to the Department of Justice and the Intervenors, Consumers urges as persuasive-certain rulings on discovery of the hearing board in the Duke 88 0'e n, pp

_1/

Power case, at a Prehearing Conference on November 17, 1972.

- In that proceeding the Department of Justice and several municipal intervenors have raised antitrust issues similar to those raised herein. Likewise, the Department and the intervenors therein served upon Duke Power Company a discovery request identical in many respects to the Joint Document Request served upon Consumers herein. The aforementioned conference

^

was held, inter alia, to hear oral argument upon Duke's object' ions to the document request and to establish a discovery schedule for response.to the request.

At the Prehearing Conference, the Board ruled with

_2/

regard to discovery requests identical in all essential respects to the following items in the Joint Document Request:

1. File indexes (Recuest 2) : The Board sustained the applicant's objection except that applicant was ordered to produce "such a general statement as there may be concerning the d

.I

_1/ Applications by Duke Power Company relating to the Oconee

, and McGuire units (AEC Docket Nos. 50-269A, 50-270A, a 50-287A, 50-369A and 50-370A).

j 4 -.

_2/ The pleadings of Consumers and the Department of Justice concerning these requests are also virtually identical to those of Duke Power and the Department in that case.

t 1 -

-3~-

location and method of filing." (Tr . 152).-3/

2. Political activity (Requests 3(e) et al) :

The Board sustained the applicant's objections to all document requests relating to political or legal activity. (Tr. 177, 179-180).

3. Documents in Certain Files (Request 10) : The Board sus *.ained the applicant's objection except that it ordered production of documents located in the identified files which " refer or relate to the ability [of applicant's wholesale customers} to compete at retail or their ability to secure [a competing source at wholesale]." (Tr. 206, 208-209).

4. Tax Returns (Request 23) : The Department withdrew

~

its request for applicant's tax returns. (Tr. 230).

4

5. Discovery Schedule: The Board denied the Department's motion to compel production of documents called for by the Joint Document Request within 30 days. The-Board ordered asterisked requests to be produced within 30 days and the other

_3/ Transcript references are to the aforementioned Pre-hearing Conference in the Duke Power case.

i l.

i-

requests to be produced by June 1, 1973. (Tr. 330, 333).

The other discovery rulings of the Cuke Power hearing board related to document requests which are not at issue herein.

Respectfully submitted, J

/A /

WM. WARF'IE% ROSS Y % & h) K KEITH S. WATSON

j. ,

. . . ", , , !. ]..

. , . n-.

'., , :~ o -

TONI K. GOLDEN ~

WALD, HARKRADER & ROSS 1320 Nineteenth Street, N.W.

Washington, D.C. 20036 November.21, 1972 I

.- n -

.- - ,, ---n,- r .- . . - , - - - - . - . - , , m m.. .

UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of )

) Docket Nos. 50-329A CONSUMERS POWER COMPANY ) and 50-330A (Midland Units, 1 & 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the accompanying MOTION FOR LEAVE TO FILE and the SUPPLEMENTAL MEMORANDUM attached thereto, dated November 21, 1972, in the above-captioned matter, have been served on the following by deposit in the United States mail, first class or air mail, this 21st day of November, 1972:

Jerome Garfinkel, Esq., Chairman Dr. J. V. Leeds, Jr.

Atomic Safety and Licensing Board P. O. Box 941 Atomic Energy Commission Houston, Texas 77001 Washington, D. C. 20545 William T. Clabault, Esq.

Hugh K. . Clark, Esq. Joseph J. Saunders, Esq.

P. O. Box 127A David A. Leckie, Esq.

Kennedyville, Maryland 21645 Public Counsel Section Antitrust Division James F. Fairman, Jr., Esq. Department of Justice 2600 Virginia Avenue, N. W. Washington, D. C. 20530 Washington, D. C. 20037 Joseph Rutberg, Jr. , Esq.

Antitrust Counsel for AEC Regulatory Staff Atomic Energy Commission Washington, D. C. 20545 Wallace E. Brand, Esq.

Antitrust Public Counsel Section P. O. Box 7513 Washington, D. C. 20044 Atomic Safety and Licensing Board Atomic Energy Commission Washington, D. C. 20545 Toni K. Golden 9> -, - - , ,