United States of America Before the Federal Power Commission, In the Matter of Arizona Power Authority, Project No. 2248

Document: United States of America Before the Federal Power Commission, In the Matter of Arizona Power Authority, Project No. 2248, Answer and Objection of Arizona Power Authority to Petition for Intervention, Notion for Leave to Intervene Out of Time, and Motion for Re-opening the Record of Presentation of Evidence of Stewart L. Udall, Secretary of the Interior, October 10, 1962, page 1211 denies this allegation. In any event, the Petitioner has had more than ample opportunity, of which he has not availed himself, to present evidence in this matter. Indeed, as we have shown below he has specifically advised the Commission that he did not desire to do so. During the hearings before the Presiding Examiner the Petitioner filed with the Commission a letter signed by Assistant Secretary Holum, setting out, albeit in summary form, the alleged policies and responsibilities of the Petitioner with regard to the Colorado River. At that time, the Authority objected to the admission of this letter without a sponsoring witness, who would be subject to cross examination, but the Commission, on appeal, overruled this objection and admitted the letter. Contemporaneously with the filing of this letter the Petitioner, in seeking to quash the subpoena served for the appearance of the Director of the National Park Service, advised the Commission (Tr. 1542-43): "The position of this department on the pending application was stated in Assistant Secretary Holum's letter dated November 1st to the Chairman of the Federal Power Commission. "In the light of the views expressed in that letter, it would be inappropriate for testimony to be proffered from the Department of the Interior, owing to the merits of the issues in the proceeding." And, in withdrawing his objections to the appearance of Mr. Wirth, the Petitioner explicitly reaffirmed this position (Tr. 1750-51).Epson Perfection 4870 Photo, 400 dpi, 8 bit, 958,665 byte