ML19329E190

Motion to Extend Time to Object to DOJ Request for Admission & Interrogatories as to Proposed Contentions Until 730312.Certificate of Svc Encl

ML19329E190
Person / Time
Site:	Midland
Issue date:	02/23/1973
From:	Golden T, Ross W, Watson K CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), WALD, HARKRADER & ROSS
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8006110554
Download: ML19329E190 (4)

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t. ,;'; . 30 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of )

} Docket Nos."10-329A, CONSUMERS POWER COMPANY ) and 50-(Midland Units 1 and 2) )

Motion to Extend Time to Object to.

Decartment of Jus tice ~ Request 'for Admissions Pursuant to Section 2.711(a) of the Commission's Rules of Practice, 10 C.F.R. Part 2, Consumers Power Com-pany (hereinaf ter " Applicant") moves the Board to extend the time for filing objections (under the procedures set forth in the Board's Second Prehearing Conference Order, Section A.2) to the Department of Justice's Request for Admission and Interrogatories as to Proposed Contentions.

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For the reasons set forth below, Applicant needs until the close of business March 12, 1973, adequately to re-view the Request and prepare its cbjections.

The Department's request is comprised of 232 detailed inquiries covering nearly 50 typed pages. As the counsel for the Department stated at the most recent Prehearing Conference, the Department's "whole case prac-

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tically lies in the requests for admission , . . (Tr. 356)

(emphasis supplied). As such, the request requires care-ful analysis by many Company employees of diverse discip-lines, e.g., legal, rate-making, marketing and engineering.

Such analyses may well reveal deficiencies in the Requests which are not readily apparent to the undersigned.

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The Company did not receive a copy of the Request until the end of last week and has therefore had only four working days to date to consider the prc-posal. We are advised that, because of its length and complexity and its relevance to virtually every phase of the Company's electric operations, it will have to be reviewed by a large number of Company officials.

The Company needs a minimum of ten additional working days to analyze the Request with the thoroughness that it requires.

To expedite the discovery process, we are today informing the Department (through the attached letter) of the presently-apparent deficiencies of its Request. How-ever, the letter reserves Applicant's right to raise other objections by March 12, 1973, should analysis by Company personnel reveal other difficulties with these requests .

Since Applicant is prepared to respond to the unchallenged requests for admissions by April 2, 1973, the requested extension of time will not delay the discovery process of this proceeding.

WHEREFORE, Applicant respectfully moves the Board to extend time for filing objections to the Department's l

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Request for Admissions to March 12, 1973.

Respectfully submitted, Wm. Warfield Ross Keith S . Watson Toni K. Golden Of Counsel:

Harold Graves, Esquire Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201

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February 23, 1973

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

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

CERTIFICATE OF SERVICE

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I hereby certify that copies of APPLICANT'S MOTION TO EXTEND TIME TO OBJECT TO DEPARTMENT OF JUSTICE REQUEST FOR ADMISSIONS, dated February 23, 1973, in the above-captioned matter have been served on the following by deposit in the United States mail, first class or air mail, this 23rd day of February, 1973:

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 Jamss Carl Pollock, Esq. Department of Justi'ce 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 e Atomic Energy Commission _

Washington, D. C. 20545 Keith S. Watson l

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