ML19329F670

Informs That Counsel Unable to Attend 710501 Meeting Due to Prior Commitments.Requests That Either Environ Defense Fund Raised Issues Not to Be Discussed or 710501 Meeting Not Be Held

ML19329F670
Person / Time
Site:	Midland
Issue date:	04/27/1971
From:	Roisman A BERLIN, ROISMAN, KESSLER & CASHDAN, ENVIRONMENTAL DEFENSE FUND
To:	Murphy A Atomic Safety and Licensing Board Panel
References
NUDOCS 8007100590
Download: ML19329F670 (2)

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• Exa:T.I N. ROIMMAN AND KICSHIAcit

, 1910 N STREET. 740RTHWEST W ASNINGTON. D. C. 20036 E% WARD SERLIN AREA CODE 202 AN THONY Z. ROISM AN . PHONE 293 5764 GtAuvs MESSLER April 27, 1971 UAV868 R CASHDAN THIS DOCUMENT CONTAINS POOR QUAUTY PAGES n'

Arthur W. Murphy, Esq., Chairman Atomic Safety & Licensing Board " ';

Columbia University School of Law -

Box 38

_ 425 West ll6th Street .

New York, New York 10027 Re: Consumers Power Company Midland Units 1 and 2 Docke t Nos . (50-3 2%, 50-330

Dear Mr. Chairman:

On April 19, 1971, I received a telegram from you cancelling the April 24, 1971 meeting of counsel and stating that you "would appreciate [my] holding Saturday, May 1, for nossible meeting" (emphasis added). On Acril 23, 1971 I advised you that neither Miss Kessler nor myself would be able to attend the meeting on that date due to prior corranitments and requested that the May 1 meeting not be held or that matters related to the issues raised by the Environmental Defense Fund not be discussed.

This morning we received a telegram scheduling a hearing for May 1 in Now York City and another telegram from Mr.

Lowenstein objecting to our earlier request that matters related to the issues raised by the Environmental Defense Fund not be d.iscussed at this proceeding. We renew our request.

Frankly we are getting a little impatient with the attitude of some parties in this proceeding who believe that the only issue involved is how quickly the constructi'on permit for this plant can be issued.

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' a f) ' Q: pg. 2 At the present time the Environmental Defense Fund has briefed all the legal issucs which arc properly before the Board. If the Board decides to have oral argument we assumo a hearing will be set. As to factual issues and legal issues related to the sufficiency of the Detailed Envi.ronmental Statement, these m'a tters will. be considered by EDF where it has the Detailed Environmental Statement and when the Hoard has acted.upon the legal issues now outs tanding . We will not, despite Applicant's urging, get involved in briefing legal issues which may arise in the futurc but have not arinen or in pursuing discovery on factual issues which are either not clearly identified or may not legally be raised in this proceeding. We have agreect to indicate our concerns with the ---

Applicant's Environmental Statement (dono on February 8, 1971) and with the Draft Enviornmental Statement (to be done shortly).

The one roadblock to development of the enviornmental case is the failure to have a Detailed Environmental Statement.

Once that document is available EDF will be able to dctormine whether it is legally sufficient and if not to present that issue to the Board. EDF will also then be able (assuming the document is complete) to know how possible environmental prob-loms are proposed to be resolved and will be able to take a position either in favor of or in opposition to the proposed action.

l In light of the present state of these proceedings it is premature and presumptuous of Applicant to take a hard line on my request with regard to the May 1 meeting. It appears to us that the next step on environmental matters is up to someone else. More meetings to discuss these matters does not appear fruitful. We urge the Board to honor our request that the May 1 meeting not involvo discussion of the issues raised by EDF.- .. .-

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" Roi}smaln Counsel gor Enviornmental AZR/aw Defens,e Fund, Inc.

CC: All parties of record e

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