ML19270H114

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Requests Addl Review of Record to Identify All Items within Scope of 790503 Order Directing NRC to re-examine Intervenor Contentions,Charges & Allegations
ML19270H114
Person / Time
Site: Midland
Issue date: 05/10/1979
From: Olmstead W
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Cherry M
CHERRY, M.M./CHERRY, FLYNN & KANTER
Shared Package
ML19270H099 List:
References
NUDOCS 7906230029
Download: ML19270H114 (2)


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n Myron M. Cherry, EfqPM W JdHT %PM s

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Chicago, Illinois 60611 In the Matter of CONSUMERS POWER COMPANY (Midland Plant, Units 1 and 2)

Docket Nos. 50-329 & 50-330 (Remand Proceeding)

Dear Mr. Cherry:

At the May 1,1979 prehearing conference in the Midland remand proceed-ing, the Licensing Board requested that the Staff "...in view of its independent role and function in NRC proceedings... undertake the respon-sibility for checking the [ record]" for any " analogous issues sufficiently similar to the Temple matter to justify further inquiry."

(Tr. 50110-11).

The Board indicated that it wished the Staff to examine contentions, issues, cross-examination, motions or objections which were made by Intervenors other than Dow concerning presentation of matters to the Board by parties other than the Staff.

(Tr. 50111).

Later, as you are aware, the Board confimed this oral directive by a written order of May 3,1979, directing that the Staff " review the record as to all con-tentions, charges or allegations which have been made by the Intervenors concerning any of the issues designated [in the order], and to report the results of such survey to the Board and other parties by June 1,1979."

The Staff will, of course, respond to this order by the Board in as complete and accurate a manner as is possible within the time allotted.

However, because of the voluminous nature of this record, it would be helpful to the Staff, and we believe to the Board as well, if you would conduct an additional review of the record to insure that all items in which you have a particular interest and which fall within the scope of the Board's order, are fully identified and brought to the Board's attention for consideration at the evidentiary hearing in this matter.

Accordingly, to assist us in this regard, we would appreciate your conducting a review of the record in this proceeding and advising the Staff or the Board of all matters which you believe properly fall within the scope of the Board's directive.

2247 082 790623 0 egg

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Myron M. Cherry, Esq. Because the Board has directed that the Staff's reply be filed by June 1,1979, we would appreciate your reply at your earliest convenience.

In addition, depositions are scheduled to commence on May 14, 1979 and discovery is to be completed by June 8,1979.

Sincerely,

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William J.'Olmstead Counsel for NRC Staff cc: Marshall E. Miller, Esq.

Dr. J. Venn Leeds, Jr.

Dr. Emmeth A. Luebke Judd L. Bacon, Esq.

Norton Hatlie, Esq.

fis. Mary Sinclair Harold F. Reis Esq.

Gerald Charnoff, Esq.

Mr. Steve Gadler Docketing and Service Section Michael I. Miller, Esq.

Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Panel R. L. Davis, Esq.

2247 083