ML19329E638

Responds to Applicant Motion to Compel Responses from Three Intervenors.Motion Considered Unnecessary.Certificate of Svc Encl

ML19329E638
Person / Time
Site:	Midland
Issue date:	05/23/1973
From:	Joseph E Pollock MICHIGAN MUNICIPAL COOPERATIVE POWER POOL, SPIEGEL & MCDIARMID
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8006160419
Download: ML19329E638 (4)

Text

__

UNITED STATES OF AMERICA s

ATOMIC ENERGY COMMISSION

)

In the Matter of )

)

Consumers Power Company ) Docket Nos. 50-329A

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

)

RESPONSE TO APPLICANT'S MOTION TO COMPEL On May 22, 1973, counsel for intervening parties received by mail a motion to compel responses from three of the intervening parties. This response is not raised '

as an objection to this motion, but to explain to the Board why two systems' responses have not been supplied. Counsel for intervenors has made every effort to supply the responses requested and has informally explained to counsel for applicant that the outstanding requested information was being gathered and would be forwarded as soon as it was received. Indeed, on May 21, 1973, the date of applicant's motion to compel, counsel for intervenors informed Mr. Watson by telephone, that the Zee-land material was being mailed to his office that day.

A long distance call to O & A Electric Cooperative and i

8006160 /f N i

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.I to Northern Michigan Electric Cooperative was made today, May 22, 1973, and these systems assured us that the responses are j

in the mail. These materials will be supplied to counsel for 1

Consumers Power Company as soon as they arrive, and counsel a

for the applicant has been so informed.

Counsel for applicant was also informed by letter dated May 21, 1973 (copy attached hereto) that affidavits had been requested.of all the intervening parties and systems and would be supplied with respect to the numbered responses by each system as soon as they are received.

While we cannot guarantee delivery of the outstanding responses from O & A Electric r; operative and Northern Michigan Electric Cooperative by May 2~5, 1973, as risquested, a good

.; . faith effort will be made to do so.

WHEREFORE, for the above stated reasons, it is unnecessary i

_ . _ . _...s.._ . _ . . , . _ _ . . , _ . . _ , . . _ . -_ . _ -

.; ; a.c . .

for the Board to issue the order requested by the appli-cant.

Respectfully submitted, ken__ _ C_ e. Pm James Carl-Pollock Atrorney for intervenors Zeeland Board of Public Works

! and Northern Michigan Electric

~

Cooperative, and the O & A Electric Cooperative (a non-party distribution system).

May 23, 1973 Law Offices of:

Spiegel and McDiarmid 2600 Virginia Ave. , N. W.

Washington, D. C. 20037

s O .' - ,

h UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION

)

In the Matter of )

)

Consumers Power Company -Docket Nos.

) 0-32 9A '

) v-33Ga (Midland Plant, Units 1 and 2) )

)

CERTIFICATE OF SERVICE I hereby certify that the foregoing document in the above-captioned matter was served upon the following by deposit in the United States mail, first class or air mail, this 23rd day of May, 1973.

Alan Rosenthal, Esquire, Chairman Joseph Rutberg, Esquire Atomic Safety and Licensing Atomic Energy Commission Board Panel 7920 Norfolk Avenue U. S. Atomic Energy Commission Bethesda, Maryland 825 North Capital Street Washington, D. C. Abraham Braitman, Chief Jerome Garfinkel, Esquire, Chairman Office of Antitrust and and Indemnity Atomic Safety and Licensing Board U. S. Atomic Energy Commission U. S. Atomic Energy Commission 825 North Capital Street 825 North Capital Street Washington, D. C.

Washington, D. C.

Harold P. Graves, Esquire Mr. Frank W. Karas, Chief Public Proceedings Branch Vice Pres. & General Counsel Consumers Power Company Office of the Secretary 212 West Michigan Avenue j

Atomic Energy Commission Jackson, Michigan 49201 825 North Capital Street Washington, D. C. Joseph J. Saunders, Esquire Department of Justice Wallace E. Brand, Esq Antitrust Division Antitrust Public Counsel Washington, D. C. 20530 Department of Justice Post Office Box -7513 Washington, D. C. 20044 e

y,- -

~Q.~ ,

William W. Ross, Esquire Dr. J. Venn Leeds, Jr.,

Wald, Harkrader and Ross Post Office Box 941 1320 - 19th Street, N.W., Houston, Washington, D. C. 20036 Texas 77001 Mr. James B. Falahee William T. Clabault, Esquire General Attorney David A. Leckie, Esquire Consumers Power Company Antitrust Division

• 212 West Michigan Avenue Department of Justice Jackson, Post Office Box 7513 Michigan 49201 Washington, D. C. 20044 Hugh K. Clark, Esquire Honorable Frank Kelly Post Office Box 127 A Attorney General Kennedyville, State of Michigan 49813 Maryland 21645 Lansing, Michigan Atomic Safety and Licensing Robert J. Verdisco, Esquire Board Panel Counsel for AEC Regulatory Staff U. S. Atomic Energy Commission U. S. Atomic Energy Commission 825 North Capital Street 825 North Capital Street Washington, D. C. Washington, D. C.

O ?M James *darl Pollock Attorney for intervenors Zeeland Board of Public Works and Northern Michigan Electric Cooperative, and the O & A Electric Cooperative (a non-party distribution system).

Law Offices of:

Spiegel and McDiarmid 2600 Virginia Ave. , N. W.

Washington, D. C. 20037  !

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