ML19330A011
| ML19330A011 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 09/20/1971 |
| From: | Like I REILLY & LIKE |
| To: | Murphy A Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007140741 | |
| Download: ML19330A011 (1) | |
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PROD. & UTIL, GC. 5Md't,WC II,7X,1,IEE AND SCIINEIDEP--
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September 20, 1971, Hon. Arthur W. Murphy, Chairman Atomic Safety and Licensing Boa,rd INIS DOCUMENT CONTAINS Columbia University School of Law Box 38, 435 West ll6th Street POOR QUAL.ITY PAGES New York, N.Y. 10027 Re: In the Matter of Consumers Power Company Midland Plant, Units l'and 2 Docket Nos. 50-329 and 50-330
Dear Professor Murphy:
We have received from Iowenstein & Newman,. Esgs., attorneys for applicant, a letter of September 13, 1971 answering Mapleton's Notice of Appeal from the ASLB's order of August 26, 1971, denying their motion to dismiss the application.
Applicant. has raised the technical point. that 10 CFR 'S.2.730(f-)
prohibits an interlocutory appeal without a referral by the presiding officer.
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We do not believe the rationale of the rule restricting in-terlocutory appeals should apply where issue goes to the legality of a course of conduct (ie. fabrication without a permit) which may be headed to an irreversible conclusion - to wit, the completion of f abrication without according the ASLB a reasonable opportunity to regulate the manner and conditions of fabrication. -
Wo chould not be precluded from appealing when the status' quo is'being changed so drastically.
However, without prejudice, and to eliminate irrelevant tech-nicalities, we respectfully request that you make the referral' called for by 10 CFR S.
2.730(f), so that the issues can be considered on the merits by the appellate body.
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RespectfuI.ly submitted REILLY, LIKE & SCHNEIDER IL:me Irving Like l
copy to:
80 0 4:q 7fh'f-l ASLB members
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Secretary All counsel'of record
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