ML19330A247

Objections to NRC 770426 Motion to Admitt Wj Gundersen Supplemental Testimony.Motion Untimely & Improper & Testimony Revisions Cannot Be Tested for Accuracy or Reliability.Certificate of Svc Encl.Related Correspondence

ML19330A247
Person / Time
Site:	Midland
Issue date:	05/02/1977
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER, MAPLETON INTERVENORS, Saginaw Intervenor
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007151036
Download: ML19330A247 (3)

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I ATED CORREsp0.YDENCR g i, y

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i UNITED STATES OF AMERICA * #

y NUCLEAR REGULATORY COMMISSION ), #N. $;f BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

• U1 In the Matter of )

) Docket Nos. 50-329 CONSUMERS POWER COMPANY ) 50-330

)

(Midland Plant, Units 1 and 2) )

INTERVENORS' OBJECTIONS TO STAFF MOTION TO ADMIT SUPPLEMENTAL TESTIMONY OF WALTER J. GUNDERSEN Intervenors herein other than Dow Chemical Company, by their attorney, object to the Motion of the NRC Staff to admit certain supplemental testimony of Walter J. Gundersen, dated April 26, 1977, on each of the following grounds:

1. The Motion is untimely and improper. Insofar as the Applicant and the Staff are concerned, the evidence in this

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proceeding is closed and interminable " revisions" of Staff or Applicant testimony serve only to delay this proceeding and impose further burdens upon Intervenors.

2. The Gundersen supplemental testimony purports to be based on fresh ECAR data. However, Mr. Gundersen obviously did not prepare those data, and at page 6 of his supplemental testi- -

mony admits that there are " uncertainties" in the data. Since Mr. Gundersen cbviously cannot be cross-examined on the ECAR data, purported revisions of his testimony based upon that data cannot be sensibly tested as to accuracy or reliability and therefore must be rejected. In effect, the revised testimony consists I

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merely of speculation by Mr. Gundersen on the basis of information which is unsupported and unsupportable on this record.

THEREFORE, Intervenors request that the NRC Staff Motion to Admit Supplemental Testimony of Walter J. Gundersel. Into Evidence be denied.

Respectfully submitted, L /

l I/d fa Attorney for all Inte:tfi#iniors MYRON M. CHERRY except Dow Chemical Chmpany One IBM Plaza 8 Suite 4501 Chicago, Illinois 60611 PROOF OF SERVICE I hereby certify that I mailed a copy of the forego.ing INTERVENORS' OBJECTIONS TO STAFF MOTION TO ADMIT SUPPLEMENT 2.L TESTIMONY OF WALTER J. GUNDERSEN to the per;ons listed on the following page at the addresses listed by first class mail, postage prepaid, by depositing the same in the U.S. Mail chute at One IBM Plaza, Chicago, Illinois 60611 this 2nd day of May, 1977.

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l SERVICE LIST Frederic J. Coufal, Esq., Chairman Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. Emmeth J. Luebke Atomic Safety & Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. J. Venn Leeds, Jr.

10807 Atwell Houston, Texas 77096 Lawrence Brenner, Esq.

U. S. Nuclear Regulatory Commission Washington, D. C. 20555 David J. Rosso,-Esq.

R. Rex Renfrow, III, Esq.

ISHAM, LINCOLN & BEALE One First National Plaza Chicago, Illinios 60630 l Lee F. Nute, Esq. t Dow Chemical Company Midland Division Midland, Michigan 48640 C. R. Stephens, Chief Docketing & Services Section Office of the Secretary U. .S. Nuclear Regulatory Commission Washington, D. C. 20555 Ste're J. Gadler 2120 Carter Avenue St. Paul, Minnesota 55108 Mrs. Mary Sinclair 5711 Summerset Street Midland, Michigan 48640 i

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