ML19259C186

Motion by Intervenors Other than Dow Chemical Co for Aslab Issue Order Directing ASLB to Reschedule & Relocate 790501 Prehearing Conference.Certificate of Svc Encl

ML19259C186
Person / Time
Site:	Midland
Issue date:	04/24/1979
From:	CHERRY, M.M./CHERRY, FLYNN & KANTER
To:
Shared Package
ML19259C185	List: ML19259C184 ML19259C186
References
NUDOCS 7906140286
Download: ML19259C186 (4)

Text

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yg UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of )

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329 -g Midland Plant, Units 1 and 2

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50-330  : RWA

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MOTION TO RESCHEDULE PRE-EEARING CONFERENCE ~J  ?

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Intervenors other than Dow Chemical Company E

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herein respectfully move that the Appeal Board enter an Order directing the Licensing Board in this case to re-schedule the pre-hearing conference pertaining to dispo-sition of the issues remanded to the Licensing Board by the Appeal Board, presently scheduled for May 1, 1979, and adjust the schedule for briefing pending motions accordingly; and to conduct the pre-hearing conference and all further proceedings herein in Chicago, Illinois.

In support of this Moticn, Intervenors state:

1. Counsel for Consumers Power Company and counsel for the NRC Staff have no objection to the re -

scheduling requested herein.

2. The rescheduling requested herein is neces-sary because Myron M. Cherry, counsel for Intervenors cther than cow, is presently engaged in a lengthy and intense trial in Federal Court. That trial began in late February; it is nowhere near a conclusion. For this reasen, Mr. Cherry 2278 ;41 g gN G-

will be unable to participate in a pre-hearing conference

' held on May 1, 1979.

3. In view of the position taken by counsel for Consumers and the Commission Staff and the fact that Consumers itself previously obtained a continuance of other matters without objection from any party, it is apparent that rescheduling the pre-hearing conference will not prejudice any party herein. Under the circumstances, a re-scheduling also will not impair the ends of justice. Rather, proceeding with a pre-hnaring conference in the absence of Mr. Cherry--the only lawyer sufficientiv familiar with this case to participate on behalf of Intervenors, and the lawyer chiefly responsible for brhgir.g the material facts to the Commission's attention--would be unjust.

4. In addition, it is not feasible, financially or otherwise, to attempt adequately to familiarize another lawyer with the massive record in these proceedings on short notice, in order to permit some other lawyer to take Mr.

Cherry's place at the pre-hearing conference. Intervenors have extremely limited funds.

5. Notwithstanding all of the foregoing, the Licensing Board has refused to grant Intervenors' request for a postponement and rescheduling of the May 1, 1979 pre-hearing conference and briefing schedule, on the ground that it lacks the ability to do so as a result of the Appeal Board's instructions to it. Accordingly, we are presenting 2278 342

9 this Motion to the Appeal Board, and we respectfully re-quest that the Appeal Board direct the Licensing Board to vacate the May 1,1979 pre-hearing conference date and work out a revised pre-hearing conference and briefing schedule such that Mr. Cherry can participate.

6. In addition, Intervenors request that both the pre-hearing conference and further proceedings herein be held in Chicago, Illinois. Intervenors' counsel is located in Chicago, Illinois (which is also substantially closer to the plant site in Midland, Michigan than is Washington, D.C. or Bethesda, Maryland), and Intervenors cannot afford multiple trips by their counsel to Washington. Further, a number of the potential witnesses are located in Chicago, Illinois, in the offices of Consemers' former counsel.

Also, the Licensing Scard had previously ordered that pro-ceedings on the issues remanded by the Court of Appeals--of which this present proceeding is an outgrowth--be held in Chicago, Illinois. No valid reason exists why that decision of the Licensing Board should be abruptly changed.

Respectfully submitted, One of One A :Orneys for Inter-Myron M. Cherry venors other than Ocw Chemical Cc.

Peter Flynn CHIRRY, FLYNN & KANTER One IBM Plaza, Suite 4501 Chicago, Illinois 60611 312/565-1177 2278 ;43 PROOF OF SERVICE I certify that I served the foregoing Motion on all of the persons named on the Service List attached hereto, at the addresses given therein, by first class mail, postage prepaid, this 24th day of April, 1979.

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Service List Marshall E. Mine;, Esq. , Chairman Mr. C. R. Stephens Atomic Safety and Licensing Board Docketing and Service Section U.S. Nuclear Regulatory Cc= mission Office of the Secretary Washington, D. C. 20555 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Dr. J. Venn Leeds, Jr.

Atcmic Safety and Licensing Board Gerald Charnoff, Esq.

10807 Atwell Wm. Bradford Reynolds, Esq.

Houston, Texas 7702J Shaw, Pittman, Potts &

Trowbridge Dr. Emmeth A. Luebke 1800 M Street, N.W.

Atemic Safety and Licensing Board Washington, D.C. 20036 U.S. Nuclear Regulatory Commission Wa shingo tn, D.C. 20555 Judd L. Sacon, Esq.

Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 Ms. Mary Sinclair 5711 Summerset Street Midland, Michigan 43640 Harold F. Reis, Esq.

Robert Lowenstein, Esq.

Lowenstein, Newman, Reis &

Axelzad 1025 Connecticut Avenue Washington, D.C. 20036 Jercme Nelsen, Esq.

General Counsel nuclear Regulatory Co= mission Washington, D.C. 20555 Lee F. Nute, Esc. ~

General Counsel's Office 2278 J45 Dow Chemical Company Midland, Mic.higan 48640 William J. Olmstead, Esq.

U.S. Nuclear Regulatory Cc= mission Washingorn, D.C. 20555 Michael I. Miller, Esq.

Martha Gibbs, Esq.

Isha=, Lincoln & Beale One First National Pla:a Chicago, Illinois 60603