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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20070E4671991-02-26026 February 1991 Comment Opposing Petition for Rulemaking PRM-73-9 Re Upgrading Design Basis Threat for Radiological Sabotage of Nuclear Reactors.Recommends That NRC Deny Petition to Increase Design Basis Threat for Security ML20207C1331986-12-18018 December 1986 Order Terminating CPPR-81 & CPPR-82,per Util 860711 Motion to Withdraw Applications for OLs ML20215E7301986-12-17017 December 1986 Memorandum & Order Authorizing Withdrawal of OL Application & Dismissing OL Proceeding,Per Applicant 860711 Motion. Served on 861218 ML20215B2071986-12-11011 December 1986 Responds to Questions Posed in ASLBP 861203 Memorandum & Order Re Conversion to gas-fired Facility.Imposition of Conditions on Withdrawal of OL Application Unnecessary. Certificate of Svc & Svc List Encl ML20211L6391986-12-11011 December 1986 Affidavit of Gb Staley Re Preparation of Answers to Board 861203 Questions on Termination of OL Proceeding. Certificate of Svc Encl ML20211L6181986-12-11011 December 1986 Response to Board 861203 Questions Re Util Request to Terminate OL Proceeding ML20214Q4431986-12-0303 December 1986 Memorandum & Order Granting Motion to Expedite Completion of Withdrawal Proceedings & Posing Questions to Parties.Served on 861204 ML20214G7941986-11-24024 November 1986 Motion to Expedite Completion of Withdrawal of Licensee OL Application & Terminate Pending OL & CP Mod Proceedings. Certificate of Svc Encl ML20214T7361986-09-26026 September 1986 Memorandum & Order Dismissing OM Proceeding as Moot & Deferring Action on Applicant Motion for Authorization to Withdraw OL Application Pending NRC Preparation of Environ Assessment.Served on 860929 ML20212M7661986-08-25025 August 1986 Response to Util 860711 Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings.Board Should Hold Motion in Abeyance Pending NRC Review of Stabilization Plan.Certificate of Svc Encl ML20206M8171986-08-15015 August 1986 Response to ASLB 860716 Order Requesting Responses Re Termination of OM Proceeding.Termination of OL Proceeding & Withdrawal of OL Application Requested.Om Proceeding Should Be Considered Moot.Certificate of Svc Encl ML20212B0311986-08-0101 August 1986 Memorandum & Order Withdrawing Retention of Jurisdiction Over Radon Issue Presented in Facility CP Proceeding & Vacating ASLB Partial Initial Decision on Remedial Soils in Consolidated CP Mod & OL Proceeding.Served on 860801 ML20212B0521986-07-31031 July 1986 Order Extending Time Until 860815 for Util & Other Parties to Respond to Questions Posed by 860716 ASLB Order.Time Extended Until 860825 for NRC Response to ASLB Questions & Util Motion.Served on 860801 ML20203F8791986-07-28028 July 1986 Response Supporting Util 860711 Motion for Termination of Appeal Board Jurisdiction Over Proceeding.Certificate of Svc Encl ML20207H6871986-07-22022 July 1986 Motion for Extension Until 860815 to File Responses to Four Questions Re Util Motion to Dismiss OL & OM Proceedings. Certificate of Svc Encl ML20207E2851986-07-16016 July 1986 Order Presenting Questions in Response to Util 860711 Motion to Dismiss OL Proceeding & to Terminate Order of Mod Proceeding.Served on 860717 ML20202G1621986-07-11011 July 1986 Notice of Change of Address for Washington Ofc of Isham, Lincoln & Beale,Attys for Util.Certificate of Svc Encl ML20202G0121986-07-11011 July 1986 Motion for Authorization to Withdraw OL Application & Dismissal of OL & Order of Mod Proceedings ML20202G1201986-07-11011 July 1986 Motion for Termination of Aslab Jurisdiction to Facilitate Termination of Cps,Withdrawal of OL Application & Dismissal of Consolidated OM-OL Proceeding ML20202G0491986-07-10010 July 1986 Affidavit of JW Cook Re Conversion of Plant Into combined- cycle,gas-fired Power Plant.Plant Never Operable as Nuclear facility.Nuclear-related Equipment Will Be Sold ML20202G0281986-07-0808 July 1986 Affidavit of Ta Mcnish Re True & Correct Extracts of 860408 & 0618 Minutes of Meetings.Resolutions Recited Therein in Full Force & Effect ML20198J3861986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20198J4651986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechhoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20137E0041985-11-21021 November 1985 Notice of Appearance in Proceeding ML20137D9651985-11-21021 November 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20133F6421985-10-0909 October 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20134N3771985-08-30030 August 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl DD-84-17, Order Affirming 840724 Director'S Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 8506241985-06-24024 June 1985 Order Affirming 840724 Director'S Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 850624 ML20127N7591985-06-20020 June 1985 Transcript of Commission 850620 Affirmation/Discussion & Vote in Washington,Dc Concerning Denial of 2.206 Petition for Midland plant,SECY-85-60 Concerning Pressurized Thermal Shock Rule & Shoreham Order.Pp 1-4 ML20133D9481985-05-13013 May 1985 Response to Aslab 850423 Order.Aslab Should Cancel OL Application & CPs Because Compliance W/Nrc Basic Requirements Not Met ML20116G5181985-04-29029 April 1985 Response to Memorandum of City & County of Midland,Mi Re ASLB 850405 & 0313 Orders on CP Mod Proceedings.Bechtel Should Not Be Granted Admission to Proceedings ML20115J5551985-04-19019 April 1985 City & County of Midland,State of Mi Response to Aslab 850313 Order to File Memoranda Re Whether Aslab Should Vacate ASLB Decision Re Certain Mods to CP Due to Mootness. Proof of Svc Encl ML20115J4751985-04-19019 April 1985 Memorandum in Response to Aslab 850405 Order Re Dismissal of OL Application.Application Neither Abandoned Nor Delayed in Dilutory Manner.Certificate of Svc Encl ML20115J5501985-04-19019 April 1985 Response Opposing Aslab 850405 Memorandum & Order Re Dismissal of OL Applications.Urges Board to Permit OL Applications to Continue in Suspension Until Applicant Affirmatively Resolves Disposition ML20116G5321985-04-19019 April 1985 Motion to Participate as Amicus Curiae in Resolution of Issue to Involuntary Dismissal of License Application,Per Aslab 850405 Memorandum & Order.Granted for Aslab on 850422. Served on 850429 ML20115J4351985-04-19019 April 1985 Motion for Leave to Participate as Amicus Curiae,Per Aslab 850313 & 0405 Memoranda & Orders Requesting Response to Questions Re Proceeding ML20115J5461985-04-19019 April 1985 Motion to Participate Amici Curiae in Resolution of Issue of Involuntary Dismissal of License Application as Identified in Aslab 850405 Memorandum & Order ML20115J5421985-04-19019 April 1985 City & County of Midland,State of Mi Motion for Leave to Participate as Amicus Curiae in Aslab Request for Responses to Questions Presented in 850313 & 0405 Memoranda Orders. Proof of Svc Encl ML20112J5281985-04-0101 April 1985 Memorandum in Response to Aslab 850313 Order LBP-85-2. Decision Should Not Be Vacated.Ol Should Be Dismissed.Based on Listed Changes,New OL Review Required ML20112J6301985-04-0101 April 1985 Memorandum Requesting Aslab Not Take Any Action to Vacate LBP-85-2 or Dismiss OL Applications,Per 850313 Order,Based on Current Intent to Hold CPs & Attempt to Sell Plant. Certificate of Svc Encl ML20112H0981985-03-27027 March 1985 Response to Aslab 840313 Order Re Whether ASLB Decision to Review Issues in Soils Hearing Appropriate Use of Public Resources.Concurs W/Decision to Remand OL W/Instructions to Dismiss OL Application for Failure to Pursue Soils Issue ML20106F6531985-02-0808 February 1985 Response Opposing Intervenor B Stamiris 841224 Motion for Evidentiary Hearings Re Litigation Between Applicant & Dow Chemical Co.Supporting Documentation & Certificate of Svc Encl ML20106D6631985-02-0808 February 1985 Response Opposing B Stamiris 841224 Pleading Requesting Evidentiary Hearing on Matter Raised in applicant-Dow Chemical Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20101S9111985-02-0101 February 1985 Motion for Extension of Time within Which to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Certificate of Svc Encl ML20101S9421985-02-0101 February 1985 Motion for Extension Until 850306 to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Granted by Aslab on 850201 ML20101F3191984-12-24024 December 1984 Request for Evidentiary Hearings on Matter Raised in CPC-Dow Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20107K8011984-11-0101 November 1984 Affidavit of Jd Selby Re Plans Concerning Facilities.Const Will Be Resumed Only If Proposed by Appropriate Governmental Agencies & Officials & If Funds from Some Other Source Become Available.Related Correspondence ML20106F5241984-10-24024 October 1984 Motion to Request ASLB to Cancel Const License & Application for OL ML20092J0241984-06-22022 June 1984 Reply to B Stamiris Second Supplemental Proposed Findings of Fact & Conclusions of Law on QA & Mgt Attitude Issues. Certificate of Svc Encl ML20092J0361984-06-22022 June 1984 Reply to NRC Further Supplemental Findings of Fact & Conclusions of Law Re QA 1991-02-26
[Table view] Category:PLEADINGS
MONTHYEARML20215B2071986-12-11011 December 1986 Responds to Questions Posed in ASLBP 861203 Memorandum & Order Re Conversion to gas-fired Facility.Imposition of Conditions on Withdrawal of OL Application Unnecessary. Certificate of Svc & Svc List Encl ML20214G7941986-11-24024 November 1986 Motion to Expedite Completion of Withdrawal of Licensee OL Application & Terminate Pending OL & CP Mod Proceedings. Certificate of Svc Encl ML20212M7661986-08-25025 August 1986 Response to Util 860711 Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings.Board Should Hold Motion in Abeyance Pending NRC Review of Stabilization Plan.Certificate of Svc Encl ML20206M8171986-08-15015 August 1986 Response to ASLB 860716 Order Requesting Responses Re Termination of OM Proceeding.Termination of OL Proceeding & Withdrawal of OL Application Requested.Om Proceeding Should Be Considered Moot.Certificate of Svc Encl ML20203F8791986-07-28028 July 1986 Response Supporting Util 860711 Motion for Termination of Appeal Board Jurisdiction Over Proceeding.Certificate of Svc Encl ML20207H6871986-07-22022 July 1986 Motion for Extension Until 860815 to File Responses to Four Questions Re Util Motion to Dismiss OL & OM Proceedings. Certificate of Svc Encl ML20202G0121986-07-11011 July 1986 Motion for Authorization to Withdraw OL Application & Dismissal of OL & Order of Mod Proceedings ML20202G1201986-07-11011 July 1986 Motion for Termination of Aslab Jurisdiction to Facilitate Termination of Cps,Withdrawal of OL Application & Dismissal of Consolidated OM-OL Proceeding ML20133D9481985-05-13013 May 1985 Response to Aslab 850423 Order.Aslab Should Cancel OL Application & CPs Because Compliance W/Nrc Basic Requirements Not Met ML20116G5181985-04-29029 April 1985 Response to Memorandum of City & County of Midland,Mi Re ASLB 850405 & 0313 Orders on CP Mod Proceedings.Bechtel Should Not Be Granted Admission to Proceedings ML20115J5421985-04-19019 April 1985 City & County of Midland,State of Mi Motion for Leave to Participate as Amicus Curiae in Aslab Request for Responses to Questions Presented in 850313 & 0405 Memoranda Orders. Proof of Svc Encl ML20115J5501985-04-19019 April 1985 Response Opposing Aslab 850405 Memorandum & Order Re Dismissal of OL Applications.Urges Board to Permit OL Applications to Continue in Suspension Until Applicant Affirmatively Resolves Disposition ML20115J5551985-04-19019 April 1985 City & County of Midland,State of Mi Response to Aslab 850313 Order to File Memoranda Re Whether Aslab Should Vacate ASLB Decision Re Certain Mods to CP Due to Mootness. Proof of Svc Encl ML20115J4351985-04-19019 April 1985 Motion for Leave to Participate as Amicus Curiae,Per Aslab 850313 & 0405 Memoranda & Orders Requesting Response to Questions Re Proceeding ML20116G5321985-04-19019 April 1985 Motion to Participate as Amicus Curiae in Resolution of Issue to Involuntary Dismissal of License Application,Per Aslab 850405 Memorandum & Order.Granted for Aslab on 850422. Served on 850429 ML20115J5461985-04-19019 April 1985 Motion to Participate Amici Curiae in Resolution of Issue of Involuntary Dismissal of License Application as Identified in Aslab 850405 Memorandum & Order ML20112J5281985-04-0101 April 1985 Memorandum in Response to Aslab 850313 Order LBP-85-2. Decision Should Not Be Vacated.Ol Should Be Dismissed.Based on Listed Changes,New OL Review Required ML20112J6301985-04-0101 April 1985 Memorandum Requesting Aslab Not Take Any Action to Vacate LBP-85-2 or Dismiss OL Applications,Per 850313 Order,Based on Current Intent to Hold CPs & Attempt to Sell Plant. Certificate of Svc Encl ML20112H0981985-03-27027 March 1985 Response to Aslab 840313 Order Re Whether ASLB Decision to Review Issues in Soils Hearing Appropriate Use of Public Resources.Concurs W/Decision to Remand OL W/Instructions to Dismiss OL Application for Failure to Pursue Soils Issue ML20106D6631985-02-0808 February 1985 Response Opposing B Stamiris 841224 Pleading Requesting Evidentiary Hearing on Matter Raised in applicant-Dow Chemical Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20106F6531985-02-0808 February 1985 Response Opposing Intervenor B Stamiris 841224 Motion for Evidentiary Hearings Re Litigation Between Applicant & Dow Chemical Co.Supporting Documentation & Certificate of Svc Encl ML20101S9421985-02-0101 February 1985 Motion for Extension Until 850306 to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Granted by Aslab on 850201 ML20101S9111985-02-0101 February 1985 Motion for Extension of Time within Which to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Certificate of Svc Encl ML20101F3191984-12-24024 December 1984 Request for Evidentiary Hearings on Matter Raised in CPC-Dow Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20106F5241984-10-24024 October 1984 Motion to Request ASLB to Cancel Const License & Application for OL ML20084J6111984-05-0404 May 1984 Responds Opposing Sinclair 840419 Motion to Request Caseload Forecast Panel Evaluate New Const Completion Schedule.Aslb Should Deny Request for Relief Contained in Motion. Certificate of Svc Encl ML20084H2581984-05-0202 May 1984 Memorandum in Opposition to Govt Accountability Project (Gap) 840417 Petition for Review.Gap Policy on Disclosures to Press Rules Out Genuine Claim That Affidavits Were to Be Maintained in Total Confidence.Certificate of Svc Encl ML20083N6481984-04-17017 April 1984 Petition for Review of Aslab 840330 Decision & Order ALAB-764 Re Subpoenas Directed to Govt Accountability Project.Aslab Erroneous Re Important Questions of Law & Policy.Certificate of Svc Encl ML20087M9821984-03-30030 March 1984 Response to B Stamiris 840304 New Contention Re Transamerica Delaval,Inc Diesel Generators.Bases in Support of Contention Clarified.Certificate of Svc Encl ML20079M6481984-01-23023 January 1984 Request for Leave to File Encl Corrected Copies of Applicant 831209 Memorandum in Opposition to Appeal of Govt Accountability Project.Table of Contents & Table of Authorities Inadvertently Omitted.Certificate of Svc Encl ML20082U0311983-12-0909 December 1983 Memorandum Opposing Govt Accountability Project (Gap) 831021 Appeal of ASLB Order Granting Util Motion to Depose Gap Witnesses.First Amend Argument Inapplicable Since Affiant Identity Will Not Be Disclosed.Certificate of Svc Encl ML20082E1341983-11-22022 November 1983 Request for Extension Until 831209 to File Brief Opposing Appeal of Govt Accountability Project Deponents.Certificate of Svc Encl ML20086A8801983-11-0404 November 1983 Response to Util Motion to Compel & Application for Enforcement of Subpoenas.Submission to Discovery Would Cause Immediate Grave & Irreparable Injury to Organizational Viability.Certificate of Svc Encl.Related Correspondence ML20081F8991983-11-0202 November 1983 Motion to Compel & Application for Enforcement of Subpoenas Against Govt Accountability Project Deponents,L Clark, T Devine,Bp Garde & L Hallberg.Response from Deponents Must Be Filed Before 831110.Certificate of Svc Encl ML20081E8931983-10-31031 October 1983 Reply to Applicant 831014 Response to Second Supplemental Memorandum in Support of B Stamiris 831005 Motion to Litigate Two Dow Issues.Issues Timely Raised & Present New Evidence.Certificate of Svc Encl ML20090H4271983-10-26026 October 1983 Motion to Continue Beginning Date of Hearings Scheduled for 831031 to 3 Days After Date.Extended Hearing Necessary to Allow Time to Receive Responses to 831011 Discovery Requests.W/Certificate of Svc ML20081B1751983-10-25025 October 1983 Motion to Compel CPC Responses to 831011 Interrogatories & Request for Production Re Investigation of Alleged Violation.Certificate of Svc Encl ML20090H3401983-10-25025 October 1983 Motion for Admission Into Evidence of Transcript of Jl Donnell 831015 Deposition.Certificate of Svc Encl ML20081E9481983-10-25025 October 1983 Memorandum in Support of 831021 Appeal of ASLB Orders Granting Issuance of Subpoenas.Subpoenas Violate First Amend Rights.Certificate of Svc Encl ML20081B0681983-10-21021 October 1983 Memorandum in Support of Appeal from ASLB Orders Granting Discovery Against Govt Accountability Project.Subpoenas Violate Common Law of Privilege.Util Showed No Compelling Need for Discovery ML20078K3141983-10-14014 October 1983 Response to B Stamiris 831005 Second Supplemental Memorandum Supporting Dow Issues.Stamiris Fails to Show New & Significant Info Justifying Reopening Record.Certificate of Svc Encl ML20078F5561983-10-0505 October 1983 Second Supplemental Memorandum in Support of Intervenor Stamiris Motion to Litigate Dow Chemical Co Issues Against Applicant.Dow Documents & Complaints Support Litigation of Issues Raised in Original Motion.Certificate of Svc Encl ML20080P1161983-10-0303 October 1983 Errata to 830930 Motion for Reconsideration.Certificate of Svc Encl ML20080P9131983-10-0303 October 1983 Motion to Stay Depositions of L Clark,T Devine,Bp Garde & L Hallberg as Directed in ASLB 830831 Order.Depositions Should Be Stayed Pending Review of 830930 Motion for Reconsideration.Certificate of Svc Encl ML20078A3471983-09-21021 September 1983 Supplemental Memorandum in Support of 830808 Motion to Litigate Dow Issues.Documents Reveal That Util Knew Fuel Load Dates Presented to NRC Jul 1980 - Apr 1983 False. Certificate of Svc Encl ML20077S7161983-09-19019 September 1983 Motion by L Clark,T Devine,Bp Garde & L Hallberg for Extension Until 830930 to File Motion for Reconsideration of ASLB 830831 Order Denying Motion to Quash Subpoenas. Certificate of Svc Encl ML20024E8261983-09-0202 September 1983 Response Opposing M Sinclair Motion to Reconsider Privilege Ruling.Presence of Bechtel Officials at 821124 Meeting Does Not Destroy Privilege.Bechtel & CPC Share Common Legal Interest.Certificate of Svc Encl ML20024E8771983-09-0202 September 1983 Motion to Reconsider Schedule for Submitting Proposed Findings of Fact on Remedial Soils Issues.Intervenors Should Be Required to File Proposed Findings on Remedial Soils Issues by 831115.Certificate of Svc Encl ML20076F3261983-08-23023 August 1983 Motion for Extension Until 830902 to Respond to Intervenor Motion to Reconsider Order Upholding atty-client Privilege Protection for 821124 Util/Bechtel Meeting.Motion Received 5 Days After Mailing.W/Certificate of Svc ML20076C6711983-08-17017 August 1983 Response to M Sinclair & B Stamiris 830728 Motions Re Dow Vs Util Lawsuit.Aslb Should Defer Motions for 30 Days.Motions Could Be Refiled After Documents Reviewed.Two Oversize Drawings Encl.Aperture Cards in Pdr.Certificate of Svc Encl 1986-08-25
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/ UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 01-
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Before the Atomic Safety and Licensing Boar D y
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In the Matter-Of )
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CONSUMERS POWER COMPANY ) Docket Nos. 50-329
) 50-330
-(Midland-Plant, Units 1 and 2) )
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OBJECTIONS OF CONSUMERS POWER COMPANY TO THE ADMISSION INTO EVIDENCE OF CERTAIN DOCUMENTS TENDERED BY-ALL INTERVENORS OTHER THAN THE DOW CHEMICAL COMPANY
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Consumers Power Company (Licensee)-objects to the admission into evidence of certain documents tendered by All Intervenors Other than The Dow Chemical Company (Inter-venors) by their motion of July 1, 1977. Licensee has k'
general objections which pertain to all six documents men-tiened in. Intervenors' Motion and other objections which relate .specifically.to certain'of the proposed' exhibits.
Licensee's underlying objection to the admission
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of Intervenors' six documents goes to the untimeliness of
- -their introduction which thereby deprives Licensee of its right'to inquire into the foundation and relevancy of the
- materials. Intervenors' attempt'to. introduce yet additional exhibits into the record'by a motion delivered'to Licensee on July 1, 1977, together with Intervenors' Proposed Findings 8008.0'60 g g- g
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of Factiand; Conclusions of Law,.and' fully seven weeks-after
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!the conclusion of the hearings-in this. matter,* isLa gross
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violation of the: basic principles:ofScivil and' administrative
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procedure. These rulesfrequire a party to; identify the-documents tnat he: intends-to use inithe. presentation of his
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. case-pri'or to the: time'the~ trial commences. ~See Licensee's
- June 18,."1977" Motion with r'egard to a - previous - attemp t by.
- Intervenorsito introduce new exhibits at the conclusion.
Tof theLhearing.. (Intervenors' Exhibits 59-77) The bas'3 l of this rule is-to' prevent surprisefand allow:for'an orderly t
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- proceeding. 'While in~this proceeding, some latitude had to
' b'e permitted b'ecause of' continuing discovery during the
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' hearings,Tthat-latitude-cannot be extended to the point of violating all'of the basic evidentiary rules by allowing..a
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party-to1 introduce documents at the conclusion of the hearing (and, now,seven'weeksLthereafter) without regard to the rules. '
- of' foundation, relevancy, materiality. and hearsay. ** To
- allowpintroduction of these documents-at this-late date would'
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We would noteEthat Intervenors.did not even trouble-to deliver- '
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- copies;ofJall of the!proposedLexhibits with.the Motion and that copiestof someiof theseLdocuments were not mailed-to parties !
. .until thejfollowing week.
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- LWe'would-also:pointiout that-Intervenors have attempted to-do 1just thislduring theLhearings by-~ simply taking documents which
' - were _ produced in. discovery 'and L marking them 'as exhibits , without evershaving them? identified-by.a. witness.:. They.then have; t
attempted.to offer these documents into evidence without any '
, :inquirytas;tolproper; foundation, the-hears'ay nature'of the .j 1 documents, their' relevancy or: materiality, or the context in
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' .which.the? documents:were written.: :With a record l devoid of any i
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sucheinquiry,JIntervenors have!then: felt-free to: create their. 'l
- own1" context"uforq such documents Land to chracterize then Ein
' JwhateverJmariner'suitsi their own : ends.
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eliminate'al'1 possibility of'a fair inquiry into their import
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and would .also violate the basic policy. against surprise (we
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twould point out1that some of these. documents are apparently.
offered ^in an~ attempt to raise lnew-issues which were not e ven' inquired into at the-hearing - and which are irrelevant to;the' purpose of these hearings - thus' offering a clear and extreme. example:of violation of the policy against-surprise).. In'short, to allow the introduction of these documents as exhibits at.this time would violate the underlying policy considerations of the hearsay rule and-would prejudice .the other parties by depriving them of = any
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opportunity to. respond.
r The only justification offered by Intervenors' counsel for the late offer of the documents was that certain l of ' the do'cuments: post-date the termination of the heering.
n j' Licensee does not' object,-in principle, to.the idea-that
- newly discovered evidence can be introduced, and merely.
l-b points out that the Rules-of Evidence would still govern l
J such a! document's admissibility. However,.Intervenors'
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proposed' Exhibits 60A, 78 and 81 do.not post-date the hearing.
'Those documents which'are " newly discovered", proposed
' Exhibits 179,D90 and 82,'are objectionable on other grounds l i
shich'areJdescribed-infra.
SIntervenors Proposed Group Exhibit 60A This.; proposed exhibit, a volume prepared by l
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The" Dos Chemical' Company'(Dow)Las an~ attachment to the Dow a
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-Memor'andumlRegarding Hearing Preparation of. December 22, 1976,
. is the' companion volume to Intervenors' Exhibit 60. There-can' be no justification for submitting'-'this document af ter 4
the' completion of theLhearing. In addition,'the objections which Licensee made in its June 8, 1977 motion to-Intervenors'-
Exhibit:60~are equally applicable here. The. question of:
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L the preparatioq of:the'Dow testimony is not an issue in
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this proceeding, and therefore, documents offered as to this question are irrelevant and should not-be admitted. This i
Board,-by its order-at Tr. 502-03 and Tr. 516, has removed ~
this :questi^ . from. the substantive questions to be decided
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'in this proceeding,'and has indicated that it will be decided
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separately.
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'Intervenors'~ Proposed Exhibit 78 This document consists of certain pages of notes 1 taken by a representa*.ive of Dow of a February.24, 1976
, Dow-Licensee meeting, which.arecattached to this Board's June' 15, 1977 Memorandum concerning antitrust matters.
i-These notes certainly do not post-date the hearings; further-1
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anore, antitrust is clearly not an issue in this. proceeding,.
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- which'has a very limited fosus, see Licensee's January 13, L1977-Motion and' June 13, 1977.Brief. Thus, this document
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is irrelevant andishouldLnot be admitted into evidence.
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'Intervenors'~ Proposed Exhibit'79-
.Intervenors' Proposed Exhibit.79'is:an~ article-5 from"the Midland Daily-News concerning the' repair of the liner plate in Midland-Unit 2.- Again, this relates to.a topic.which is.not an issue in this' proceeding and the t
documentLis therefore irrelevant and inadmissible. Further-
, ' more', - as .a newspaper ' article, '~this document must be objected
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to as blatant and unreliable hearsay. The article's 4
- accuracy cannot be tested. A Licensing Board which
. previously considered the issue of . admissibility, of newspaper
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- articles found them to be-inadmissible hearsay, and not-entitled
- to admission.as evidence to prove the facts
, asserted'within them.' Illinois Power Company (Clinton Power
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Station, Units 1 and 2)'LBP-75-59, NRCI-75/9, pp. 579-630
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-(September 30,.11975). 'That Board. based-its rulingfon the
, tfact that there was insufficient assurance of the-truthful-p
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ness of the facts' contained in the material, and cited much
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1 I# judicialLauthoritylin. support of its finding,.Id. at 588.
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.In the ' instant proceeding,- the Chairman has indicated that j I
'a' newspaper artidle is 'not evidence:of anything" and 1 1
, "obviously; hearsay" (Tr. 3284).- j g- _
Interven' ors' Proposed Exhibit 80
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'This; document, an interim Report concerning the.
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- Midland Unit 2 liner _plateLb ulge, is'another example.of
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TIntervenors' attempts?to introduce new issues into this
[ cproceeding.-. Thefliner plate bulge'does.not' fall within
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Lthec scope- ofEthe climited ~ topics which the. Board may consider.
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in:this-suspensicn hearing,-See Licensee's January 13, 1977
Motion and-June. 13, 1977.Brief. Thus, a document related to this.non-issue may not.be admitted as evidence in~this proceeding.
- Intervenors' Proposed Exhibit 81 This: item, which does not' post-date the hearing, l is a. compilation ~made by Licensee of the relationship between: residential electricity-bills and personal income.
, Although:Intervenors offer no convincing explanation of-its l
probative value, this document does appear to relate to a-i- valid issue, demand forecasting, but it is objectionable on the ground that,'as it-was not identified by any witness at the hearing, there has been no foundation provided for the document.
Intervenors' Proposed Exhibit 82
,This document is an-NRC Staff Safety Evaluation >
concerning Licensee's Palisades Plant. . Despite the fact
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1 that this report post-dates'the hearing, it cannot properly l -
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, be-admitted into evidence without Licensee and'the other cparties having had an opportunity to question a sponsoring witness-as to its nature and preparation. Licensee's
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objection:is reinforced 1by the-use to which this document was-put byiIntervenors in.their Findings, .for as Licensee
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has -described in its -Responsive : Findings - at Paragraph . 47, Intervenors quoted.the Safety Evaluation out of context, thus= leaving an~ incorrect impression as to the document's
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true import.-
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For the-reasons set forth above, Licensee objects to the. admission into evidence of the six documents iden-tified:in:Intervenors_' July 1, 1977 Mot' ion.
Respectfully submitted, JM' - M,
~ 'Dav-iti J / Ros5o' i
fu%&cJ & ctM .
R. Rex Renfrow,/ III
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> < C4rna r_. - >ccc Martha E. Gibbs V v b . !w a.v[6ft.ut.s Cafyl A. Bartelman Attorneys for
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Consumers Power Company l
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[ Isham, Lincoln:& Beale l
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One First' National Plaza Suite 4200
-Chicago,' Illinois 60603 July 22, 1977 i
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' UNITED STATES OF AMERICA ! U k
-NUCLEAR REGULATORY' COMMISSION y "* ih.aa
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'\4 , 8 Before~'the Atomic Safety and Licensing Boa ~ N'I'"
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In the Matter.of )
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CONSUMERS POWER _. COMPANY ) Docket Nos. 50-329
~)- 50-330 (Midland Plant, Units 1 and 2) )-
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CERTIFICATE OF SERVICE
I hereby certify that copies of the attached
" OBJECTIONS-OF CONSUMERS POWER COMPANY TO THE ADMISSION
-INTO-EVIDENCE OF CERTAIN DOCUMENTS TENDERED BY-ALL
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i' INTERVENORS OTHER THAN THE DOW CHEMICAL COMPANY" in the I -above-captioned proceeding, have been served on the following by deposit'in the United States Mail, first-class postage l prepaid, this 22nd day of July, 1977:
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Frederic J. Coufal, Esquire Chairman Atomic Safety and Licensing Appeal Board Atomic Safety and Licensing U.S. Nuclear Regulatory Comm.
Board Panel- Washington, D.C. 20555 l U.S.' Nuclear Regulatory Comm.
l-Washington,-D.C. 20555 Mr. C. R. Stephens Chief, Docketing & Service Section Dr.'J.~Venn' Leeds, Jr., Esq.- Office of the Secretary
-10807 Atwell of the Commission Houston,ETexas 77096 U.S. Nuclear Regulatory Comm. *
' Washington, D.C. 20555
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- Dr..[Emmeth A.'Luebke Richard Hoefling, Esquire
- Atomic-Safety,and Licensing- Counsel for NRC' Staff Board Panel U.S., Nuclear Regulatory Comm..
- U.S. Nuclear ~ Regulatory Comm.. Washington, D.C. 20555
_ Washington, D.C. 20555
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L '. F. Nute, Esquire ,
_ Myron M. Cherry, Esquire- Legal Department
- One IBM Plaza Dow Chemical U.S.A.~
' Suite'4501. Michigan Division
- Chicago,fIllinois .60611 Midland, Michigan 48640; Atomic'Safetyia'nd Licensing Board Panel
- U.S. Nuclear Rbgulatory Comm.
Washington' , D.C. .20555
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$b N uu w Caryl A. Bartelman Counsel for
' Consumers Power Company
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Isham,-Lincoln:& Beale One First' National Plaza-Chicago,~ Illinois- 60603 312/786-7500 July 22, 1977 i
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