ML19263E252
| ML19263E252 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/02/1979 |
| From: | Duflo M NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | Flynn P CHERRY, M.M./CHERRY, FLYNN & KANTER |
| References | |
| NUDOCS 7906050394 | |
| Download: ML19263E252 (2) | |
Text
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May 2, 1979
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Peter Flynn, Esquire h
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- I3 Re:
Consumers Power Company (Midland Units 1 and 2)
Docket Nos. 50-329 and 50-330
Dear Mr. Flynn:
This will confirm the events that occurred earlier this week.
Late in the afternoon of Monday, April 30, Mr. Farrar, the Chairman of the Midland Appeal Board, received your letter to him dated April 27.
Insofar as is relevant here, the letter in essence extended the Appeal Board the courtesy of alerting it that, l'f'the Licensing Board were to deny the renewed rescheduling motion which you were dispatching to it (a copy of which was enclosed with your letter), you would then have "to seek emergency relief from the Appeal Board."
The prehearing conference which was the principal focus of vour letter and motion was scheduled to begin at 9:30 a.m. EDT on Tuesday, May 1.
At 10:05 a.m. on that day, you called Mr. Farrar.
He advised you of his receipt of your letter but told you that in the interim he had neither heard of any action by the Licensing Board on your motion nor received any later communication from you actually seeking emergency relief.
At that point, you indicated that you had received no word from the Licensing Board and that you wished then to ask the Appeal Board for emergency relief.
Mr. Farrar informed you that, 2300 163 7906050ScP[
e Peter Flynn, Esquire May 2, 1979 having seen tha Licensing Board members in the vicinity of the Commission's hearing room before 9:30 a.m.,
he believed that the prehearing conference was already in session and that it was thus too late for the Appeal Board to take any such action.
The Appeal Board trusts that this comports with your recollection of the telephone conversation.
Very truly yours, ojd Marga t E.
Du Flo Secretary to the Appeal Board cc:
Gerald Charnoff, Esquire William Olmstead, Esquire Leslie F. Nute, Esquire Licensing Board Docketing and Service Q'j
.