Missouri Portland Cement Company

Text (OCR of the scan; may contain errors)

MISSOURI PORTLAND CEMENT COMPANY

Docket 8783. Order, Aug. 23, 1971 Order denying various appeals by respondent and third parties from hearing examiner's rulings granting in part and denying in part motions of third parties to quash, limit or accord confidential treatment as to certain specifications in subpoenas duces tecum, and returning case to him for clarification of his ruling on specification 6.

Orver Denyine Inrertocutrory Arreats AND Retrurnine Martrer to tus EXAMINER For CLARIFICATION or RULINGS REGARDING Quasuine or SEPTEMBER 6 This matter having come before the Commission upon respondent's appeals, filed June 14, 1971, and July 6, 1971, from the hearing examiner’s orders, filed June 7, 1971, and June 24, 1971, in which the examiner granted in part and denied in part the motions of third parties to quash, limit or accord confidential treatment as to certain specifications in subpoenas duces tecwm issued at the instance of respondent; and upon answers in opposition filed by third parties on June 17, 1971, June 21, 1971, July 12, 1971, and July 16, 1971, and by complaint counsel on June 21, 1971, and July 18, 1971; and upon replies to certain of these answers filed by respondent on June 28, 1971; and upon the appeal of Ash Grove Cement Company and Fordyce Concrete, Inc., filed July 6, 1971, from the hearing examiner's order, filed June 24, 1971; and upon answer in opposition filed by complaint counsel on July 13,1971; and It appearing to the Commission that in all respects other than as to specification 6 in the said subpoenas duces tecum issued to certain cement manufacturers, no showing has been made as required by Rule 3.35(b) of the Commission’s Rules of Practice to justify the above appeals; and It further appearing to the Commission that the hearing examiner’s orders quashing the said specification 6 do not sufficiently articulate his bases or reasons for such action, including whether he considered the requested data relevant for purposes of discovery; and The Commission therefore having determined that the matter should be returned to the hearing examiner for clarification of his rulings as to the said specification 6 so as to afford the Commission a more informed basis for determination of respondent’s appeals on this question, that respondent’s appeals should be denied in all other respects, and that the appeal of Ash Grove Cement Company and Fordyce Concrete, Inc., should also be denied:

It is ordered, That respondent’s appeals from the hearing examiner’s orders filed June 7, 1971, and June 24, 1971, be, and they hereby are, denied insofar as they pertain to rulings of the examiner other than as to the said specification 6.

It is further ordered, That the appeal of Ash Grove Cement Company and Fordyce Concrete, Inc., from the hearing examiner’s order filed June 24, 1971, be, and it hereby is, denied.

It is further ordered, That this matter be, and it hereby is, returned to the hearing examiner for clarification of his rulings as to the said specification 6.

Without the concurrence of Commissioner MacIntyre.