ML19330A145
| ML19330A145 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 08/24/1972 |
| From: | Hoffman M US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Marshall W MAPLETON INTERVENORS |
| Shared Package | |
| ML19330A147 | List: |
| References | |
| NUDOCS 8007150915 | |
| Download: ML19330A145 (1) | |
Text
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[* h UNITED STATES
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ATOMIC ENERGY COMMISSION
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Mr. W.11. Marshail i 3$$ n" Intervenors THIS DOCUMENT CONTAINS noute 10 POOR QUAllTY PAGES Midland, Michigan 48640
Dear Mr. Marshall:
This is in responso to your letter to the Chairman dated August 11, 1972, requesting reopening of the tiidland I & 2 construction permit hearings to allcw the prescotation of addi tional evidence by the Mapleton Intervenors.
The Midland proceeding, as you kno.<, is pending before the Atomic Safety and Licensing Board.
B2cause the Licensing Coard is required to act indcg.ndently in tne adjudication of the pending application by the Consumeru Pc.tcr Company for construction permits, it would be irrproper for the Chairman to act in any way en your request. Agency review of Licensing Board dccisions is governed by the Commission's Rules of Practice,10 CFR Part 2, andpuest for review of a Licensing Board decision should be made in accordance wi th the appropriate provisions of those rules.
Your letter also raferred to an earlier letter dated June 16, 1972.
Our records do not Indicate receipt of such a letter.
In accordance with 5 2 780 of our regulations, I cra placing a copy of this letter, together with your letter of August 11, 1972, in the AEC public docu.mnt room.
Sincerely,
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Martin R. Hoffmann General Counsel cc:
Senator Pastore Senator Hart 07.Isa p f 6
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-f.ugust 11, 1972 Mr. James R. Schlesinger, Chainnan United States Atomic Energy Comission e
Washington, D.C.
20545
Dear Mr. Schlesinger:
In my letter of the 16th of June,1972, I advised you that our attorneys had petitioned the Atcaic Energy Comaission Board sitting in the Midland Hearings for sufficient time to permit proper preparation by our consultants and for the preparation and presentation of our affirmative case.
Since the AEC Board refused to allow the ihpleton Intervenors petition for the required time, we advise you in our letter that we had been denied due process af law and tnat we were deprived of our rights under the several amendmants of the United States Constitution.
Because of the AEC Boards refusal to give us sufficient time we were not able to present docu :ented infonaation showing that the proposed electric plant was not necessary, since it appeared tnat certain docucents had not been furnished to the Federal Power Coamission by the applicant.
In addition, we were not able to alert our expert to present inforcation on the Electro MagneticPulse(EMP).
We again petition, since we have' had no answer to our letter of the 16th of June referenced in Paragraph 1 above, that the hearing be reopened to allow complete presentation of the above sited items plus other items tnat may still be uncovered by the Mapleton Int:rvenors.
Thank yots for your attention to this important matter affecting the denial of rights to the citizens of these United States.
Sincerely,-
Y all'() $.
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- W. N. Mar President Mapleton Intervenors WHM:kms Chairman of the Joint Committee on Atomic Energy cc:
Congress of the United States Senator Pastore Senator Hart of Michigan M'.,
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION 7
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CONSUMERS POWER COMPANY Docket Nos. 50-329 (Midland Plant, Units 1 and 2) 50-330
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CERTIFICATE OF SERVICE I hereby certify that copies of letter from Mr. Hof fman to Mr. Marshall President, Mapleton Intervenors, dated August 24, 1972, re reopening of construction permit hearings in the captioned matter have been served on the following by deposit in the United States mail, first class or air mail, this 24th day of August 1972:
Arthur W. Murphy, Esq., Chairman Richard G. Smith, Esq.
Atomic Safety and Licensing Board Smith & Brooker, P. C.
Columbia University School of Law 703 Washington Avenue 435 West 116th Street, Box 38 Bay City, Michigan 48706 New York, New York 10027 Harold P. Graves, Esq.
Dr. Clark Goodman Vice President and General Professor of Physics Counsel University of Houston John K. Restrick, Esq.
3801 Cullen Boulevard Consumers Power Company Houston, Texas 77004 212 West Michigan Avenue Jackson, Michigan 49201 Dr. David B. Hall Los Alamos Scientific Laboratory Mr. R. C. Youngdahl P. O. Box 1663 Senior Vice President Los Alamos, New Mexico 87544 Consumers Power Company 212 West Michigan Avenue Dr. Stuart G. Forbes Jackson, Michigan 49201 100 Tennessee Avenue, Apt. 37 Redlands, California 92373 Honorable Frank Olds, Chiarman Midland County Board of Supervisors Thomas F. Engelhardt, Esq.
623 St. Charles Street David E. Kartalia, Esq.
Midland, Michigan 48640 Robert Newton, Esq.
Regulatory Staff Counsel Honorable Jerome Maslowski U. S. Atomic Energy Commission Assistant Attorney General Washington, D. C.
20545 atate of Michigan Seven Story Office Building Ro'ocrt Lowenstein, Esq.
525 West ottawa Jerome E. Sharfman, Esq.
Lansing, Michigan 48913 Harold F. Reis, Esq.
Lowenstein, Newman and Reis Honorable Curtis G. Beck 1100 Connecticut Avenue, N. W.
Assistant Attorney General Washington, D. C.
20036 State of Michigan Seven Story Building 525 West Ottawa Lansing, Michigan 48913