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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
[Table view] |
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of )
) Docket and Q 29A )
Nos.50-Ja0A CONSUMERS POWER COMPANY )
(Midland Unite 1 and 2) 4
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' MOTION FOR ORDER MODIFYING PROCEDURAL SCHEDULE To: The Atomic Safety and Licensing Board Pursu.7t to Section 2.711(a) of the Commission's Rules of Practice, 10 C.F.R., Part 2, Consumers Power Company
(" Applicant") hereby moves the Board for an order establishing a modified schedule for completion of documentary production pursuant to the various document requests heretofore served upon the Applicant.
Applicant makes this Motion reluctantly, knoving the Board's desire to maintain the schedule which has previously been established. However, taking account of the very sub-stantial effort to date and the t asks which remain, Applicant has concluded, in light of experience thus far, that it will not be possible to respond to the outstanding demands within the allotted time. Accordingly, it is compelled to seek modification of the Board's prior directives.
Briefly, if the full file search is to be pursued, Applicant has concluded that production cannot possibly be completed any earlier than May 1, 1973, thus requiring a signifi-
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cant realignment of all scheduling dates. However, if the Board issues an order excluding the Applicant's field offices from the file search -- a step which, we believe, is justi-fied -- a much more limited change. in the schedule would be 1/
necessary.
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Specifically, Applicant in those circumstances could complete documentary production by February 16, 1973, six weeks later than presently contemplated.
The prcblem with which Applicant has been grappling, and which it must now bring to the Board, arises from two principal factors. First, the documentary requests are very broad and sweeping in nature and require a search of almost all the company's files. Second, in order to comply with these requests in a thorough and careful manner, Applicant must employ careful search techniques. These techniques, while they require a major commitment of company resources, require some limitation on the size of the search and review force. Otherwis e , uniformity and control of judgment will Le lost. Hence, there are some absolute limits on the speed with which the task can be completed, and the time consumed
'l/ Applicant has discussed elimination of the field office
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file' search v ;h counsel for the Joint Discoverers. They have taken the position that they are unwilling to con-sent to such elimination at this time. When Applicant has produced all documente called for from its central office files, counsel for Joint Discoverers have advised that they may be prepared to discuss some modification of the field search.
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is not wholly within the Applicant's control. To ignore these limits would either deprive the discovering party of the thorough compliance to which it is entitled, or the complying party
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of procedural due process.
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We turn now to a discussion of the effort to date e and the tasks remaining. Factual statements in this discus-sion are supported by af fidavit submitted herewith,
- l. The File Search to Date The search was initiated, following opposing parties' document requests of-July 26, August 16, September 21, and September 25, 1972. All but the last of these requests made multiple demands for all documents " relating" or " referring"
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to numerous broad subject categories, and, therefore, required a review of a substantial portion of all file drawers located in the Company.
I As each of these aforementioned document requests was received, counsel reviewed them with appropriate Company employees to discuss problems of comprehension, interpretation and t>e like. These and other difficulties ~were, in turn,
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presented to opposing counsel at meetings of September 9 and 18, and October 5, 1972. Issues which could not be resolved ;
were presented to the Board in Applicant's Motion of October 26; tr e Board's order in response to this Motion was issued November 28, 1972.,
Throughout this period, the file search moved forward, focusing initially upon the asterisked requests which, it will be recalled, opposing' counsel sought first, and which l
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raised relatively few legal or interpretive difficulties.
As a result, on October 16, November 20, December 1 and December 7, 1972, Applicant produced 2,724 pages of documents for in-spection and in so doing substantially completed responses to each of the asterisked items and several other items as well. -
The file search with regard to the remaining requests also progressed during this period. Two Company attorneys
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were assigned to the search on a full-time basis while another senior attorney and other non-legal personnel also contributed significantly in time and effort. By late October, review of the files of Marketing and Rate Departments, as well as
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- personal files of the vice-presidents in charge of these Departments had been completed. Most of the files containing documents responsive to the asterisked items had also been reviewed by that time . Based on experience to that date, Applicant estimated that the search could be completed by.
the first of the year. --2/
Since that time, the search has pr' oven more time-consuming than originally anticipated. The relative ease with which the searchers were able to extract the asterisked documents resulted in a substantial underestimation of the 2/ Applicant so advised the Board at the Prehearing Confer-ence on October 26, 1972 (Tr. 118).
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time required to search the rcmaining central office files, as well as the field offices. .The actual dimensions of the remaining files, as well as the time required for reading, indexi g and review of already extracted documents proved -
substantially greater than had been anticipated. To this point, approximately 39,000 document pages have been extracted and transported to Washington counsel for review, an effort whicP rap.:esents approximately two-thirds of the central office
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search.
To deal with this situation, another Company attorney was committed to work full-time on the project on December 4, 1972, and all three attorneys were ordered to work overtime.
- One week later, three non-legal employees were assigned to assist these attorneys on a full time basis. To date the search has consumed approximately 1,760 legal manhours and 1,400 non-leg i manhours and has resulted in the review of the following offices: All offices except Chairman of the Board and the President; Marketing Department; Executive Manager Electric Planning; Power Resources and System Planning Department (substantially . complete) ; Director Power Resources and System Planning; Senior Supervisory Engineer, Interconnection Planning; Interconnection Coordinator; Rate Research Department; Data Control Department.(partial); Rates Department; Executive Director of Rates, Research and Data Control; Data Control Supervisor (partial); Legal Department; and the Electric Engineering Department (partial).-
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Despite such efforts, the filei of the following headquarters offices remain to be searcheo Chairman of the Board and President; Executive Committee; Director of Division Administration; Executive Assistant to Vice President in charge of Divisions; Manager of Marketing; General Supervisor of Ccm-mercial Electric and Governmental Services; General Govern-mental Services Engineer; Area Development Department; Director of Area Development; Executive' Manager of Electric Transmission and Distribution; Principal Engineer, Power Facilities Planning; Bulk Power Production Department; Manager of Bulk Power Pro-duction; System Operations Superintendent; Project Manager, Karn Units 3 and 4; Project Manager, Ludington; Project Manager, Midland; Project Manager, Palisades; Manager of Electric Engineering; Electric Transmission and Distribution Department; Manager of Electric Transmission and Distribution; Electric Transmission and. Distribution Coordinator; Assistant Controller; Assistant Secretaries (2); Assistant Treasurers (3); Director of Government Affairs; Director of Civic Affairs; Director of Economic and Financial Planning; Personal Attorney files; Director, Public Information. Applicant estimates that another 1,500 manhours will be required to complete this effort.
Adding additional personnel to the file search at this juncture would destroy the relative uniformity of control and judgment that has heretofore been maintained, and would
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jeopardize Applicant's ability to acnure the Board that the search had properly been undertaken and completed. Thus, although significant interim production has been and will be forthcoming, it appears unlikely that the headquarters
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file search can be completed prior to February 16, 1973.
- 2. The Field Office File Search It is obviously not possible to state with certainty the time and resources necessary to complete a field office file search. However, it should be noted that the Company has twelve electric service division headquarters and 26 local district offices located throughout the lower 1ininsula of Michigan -- offices which are as far as 250 miles from Jackson.
These offices employ more than 1,100 executive, professional and admir.istrative employees who have electric service respon-sibilities. By contrast, the Jackson headquarters has only about 1,000 such employees (or less than one-half of the total of such employees). We are advised that the files located in a division headquarters are approximate 1y comparable in
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bulk to those in a major Department in the central office headquarters.
The fact that few documents of interest would likely be uncovered by a search of the field office files would
.not shorten the time since it is the search itself, not the extraction process , which consumes most of the time.
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9 In addition to the time required for the actual search of-field office files, the process would be further lengthened by the need of trained headquarters personnel to supervise and coordinate the search with field office offi-cials and the need to transport documents to Company head-quarters for processing and review. All in all, the process will require the entire time at least until May 1, 1973. While Applicant will undertake this effort if the Board so requires, it is respectfully suggested that a completely adequate response to this document request could be provided by confining the search to company headquarters. In that event, Applicant can complete the task by February 16, 1973.
- 3. Documents Likely to be Found at Field Offices Applicant is, of course, generally aware of the type of documents contained in its field office files, but absent a thorough file search, it is not possible to state categorically what documents are, or are not, located therein. However, given the nature of the issues raised in this proceeding, Applicant believes that such a search would primarily' produce duplicative or cumulative documents, and is not required to develop an ade-3/
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quate record in this case.
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The issues of this proceeding, as set forth in the Board's prehearing conference order of August 7, 1972, concern i
It should be noted that the central office search has already
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included the files of the vice-president for divisions to whom each of the district headquarters directly reports and through whom.
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Company policy is communicated to these field offices.
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the Applicant's alleged power and refusal to deal with regard
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to coordination with smaller neighboring electric systems.
Applicant's policies concerning coordination are formulated, initiated, and overseen by officers and other Company officials, all of whom are located in the Jackson headquarters. Thus, for example, negotiations with other utilities are conducted and e policy determinations concerning such subjects as wholesale power, interconnections,. pooling, reserve sharing, or wheeling are made and supervised by headquarters personnel.
In view of the foregoing, the great bulk of dccuments located in field offices which could be deemed germane would be either copies , or at most cumulative, of material located in the' Jackson headquarters. Applicant submits that the production of such material is not essential to the elucidation of the issues raised herein.
Conclusion All of the considerations discussed herein have led Applicant to seek an order from the Board. -If the entire Company files are to be searched, Applicant respectfully re-quests that the Board direct the documentary production be
- completed by May 1, 1973. This will, of course, require modification of the other procedural dates previously estab-lished by the Board. Obviously, the views of the other parties
! should be considered in establishing these dates. Hence,
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Applicant makes no suggestion concerning them herein.
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-Alternatively, if the Board wishes to confine the file search to headquarters files, Applicant respectfully re-
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quests that the Board so order and, in addition, direct that Applicant complete documentary production required by the aforementioned requests by February 16, 1973. Again, this will require some modification of the other procedural dates already established, albeit more modest changes than under the first alternative. Applicant will await the suggestion
.of other parties in this regard.
Respectfully submitted, n
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Wm. Warfield/Ross it bd Kei'th S. Watson r Y L/Jed Toni K. Golden WALD, HARKRADER & ROSS 1320 Nineteenth Street, N. W.
Washington, D. C. 20036 Of Counsel:
Harold P. Graves, Esq.
Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 December 22, 1972
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