ML19330A066
| ML19330A066 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 04/04/1977 |
| From: | Renfrow R, Rosso D CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007140870 | |
| Download: ML19330A066 (5) | |
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UNITED STATES OF AMERICA p
,. "1 NUCLEAR REGULATORY COMMISSION t,g.,.. _-q'4; y..s
,4 Before the Atomic Safety and Licensing Board t
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos.__50-329
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50-330 (Midland Plant, Units 1 and 2)
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CONSUMERS POWER COMPANY MEMORANDUM IN RESPONSE TO.
NRC STAFF'S MOTION FOR CENSURE OF MYROM M. CHERRY On March 25, 1977 the NRC Staff moved the Atomic Safety and Licensing Board (Board) to censure Myron M. Cherry, Esq., counsel for Intervenors other than Dow Chemical Company in this proceeding, for conduct which fails to conform to the standards of conduct required of attorneys in the Courts of the United States.
Consumers Power Company (Licensee) agrees with the NRC Staff that the conduct which is the subject of the March 25 Motion was improper and that the Board should take action to assure that such conduct is not repeated in the future.
This Board, pursuant to 10 CFR 2.718(e) and (1),
has the authority to take appropriate action to assure that Mr. Cherry will not persist in such conduct.
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- The basis of the NRC Staff's Motion is a letter writt'en to the Board by Mr. Cherry on March 10, 1977 in which he makes gratuitous and insulting remarks concerning one-of u--
the counsel for the NRC Staff and the NRC in general.
These written remarks are similar to numerous comments Mr. Cherry has made orally throughout the 25 days of hearings held thus far in this proceeding.
As the NRC Staff has pointed out in its Motion, such actions contravene the standard of conduct demanded of attorneys practicing in the Courts of the United States, which is the standard attorneys must meet when practicing before the NRC, 10 CFR 52. 713 (b).
Certainly the American Bar Association's Code of Professional Responsibility, which is the benchmark by which an attorney's conduct must be judged, would not counte-nance such behavior.
See Canon 7 and Ethical Considerations 7-36 and 7-37.
What is especially troublesome to Licensee.about this matter is that the March 10, 1977 letter is not the first instance in which Mr. Cherry's conduct has had to be brought to the attention of an Atomic Safety and Licensing Board or an Atomic Safety and Licensing Appeal Board during the history of the Midland proceedings.
Mr. Cherry's behavior has been the subject of comment in four opinions by these bodies:
Consumers Power Company (Midland Plant, Units 1 and 2) ALAB-115, RAI-73-4,
- p. 257 (April 17, 1973) (Unsolicited letter sent by Mr. Cherry to the Appeal Board); ALAB-123, RAI-73-5, pp. 331-357 (May 18, 1973)
m (Mr. Cherry's failure to submit proposed findings and conclu-sions); LBP-75-6, NRCI-75-3, pp. 227-232 (March 5, 1975) (Mr.
Cherry's fallure to appear at oral argument) ; ALAB-270,. MRCI=75-5,.
pp. 473-477 (May 8, 1975) (Mr. Cherry's failure to file brief in support of exceptions).
That Mr. Cherry's egregious behavior has been of a recurring and recalcitrant nature is evident from this history.
It should also be noted that this type of behavior by Mr. Cherry has not been confined to the Midland proceedings.
See Louisiana Power & Licht Co. (Waterford Steam Electric Station, Unit No. 3) ALAB-121, RAI-73-5, pp. 319-321 (May 1, 1973).
Conduct which hinders the efficient operation of the administra-tive process can neither be condoned nor tolerated indefinitely.
For the reasons set forth above, Licensee believes that the Board should take appropriate action to deter Mr. Cherry from further outbreaks of unprofessional conduct.
Respectfully submitted, N8
__, David J-RrMiso Gi M My th6.G sw R. Rex Renfrow, III Ih u
na (cf Martha E.
Gibbs 8 (b % W Isham, Lincoln & Beale One First National Plaza Chicago, Illinois 60603 April 4, 1977
m UNITED STATES OF AMERICA NUCLEAR Re.GULATORY COMMISSION Before the Atomic Safety and Licensing Board
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329
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50-330 (Midland Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of the attached
" Consumers Power Company Memorandum In Response To NRC Sraff's Motion For Censure of Myron M. Cherry", dated April 4, 1977,
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have been served upon the following parties by deposit in the U.S. mail, first class, postage prepaid, this 4th day of April, 1977.
Frederic J. Coufal, Esquire Atomic Safety and Licensing Chairman Appeal Board Atomic Safety and Licensing U.S. Nuclear Regulatory Conm.
Eoard Panel Washington, D.C.
20555 U.S. Nuclear Regulatory Comm.
Washington, D.C.
20555 Mr.
C.
R.
Stephens Chief, Docketing & Service Section Dr. J. Venn Leeds, Jr., Esq.
Office of the Secretary 10807 Atwell of the Commission Houston, Texas 77096 U.S. Nuclear Regult.m y Conm.
Fashington, D.C.
- M 35 i
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Dr. Emmeth A. Luebke, Esq.
Lawrence Brenner, Esquire Atomic Safety and Licensing Counsel for NRC Staff Board Panel U.S. Nuclear Regulatory Comm.
U.S. Nuclear Regulatory Comm.
Washington, D.C.
20555 Washington, D.C.
20555 L
F,,Nute, Esquire m_
Myron M. Cherry, Esquire Legal Depcrtment One IBM Plaza Dow CheNical U.S.A.
Suite 4501 Michigan Division Chicago, Illinois 60611 Midland, Michigan 48640 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comm.
4 Washington, D.C.
20555 0
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M&rtha E. Gibbs W
One of the attorneys for Consumers Power Company Isham, Lincoln & Beale One First National Plaza Chicago, Illinois 60603 April 4, 1977
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