ML19331A294

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Forwards Motion for Addl Time to Respond to Util & NRC Motions Re Introduction of Evidence.Discusses Util 770601 Motion Re Schedule for Findings of Fact & Conclusions of Law for Which ASLB Clarification Is Requested
ML19331A294
Person / Time
Site: Midland
Issue date: 06/16/1977
From: Cherry M
CHERRY, M.M./CHERRY, FLYNN & KANTER
To: Coufal F
Atomic Safety and Licensing Board Panel
Shared Package
ML19331A295 List:
References
NUDOCS 8007160884
Download: ML19331A294 (1)


Text

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, \\ gDt; y MYRON M. CHERRY

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c[h June 16. 1977 f

y J

os Frederic J. Coufal, Esq., Chairman Atomic Safety & Licensing Board Panel U.

S. Nuclear Regulatory Commission THIS DOCUMENT CONTAINS Washington, D.

C.

20555 j~009*

J Re:

Consumers Power Company Midland Plant

Dear Mr. Chairman:

Under date of June 1, 1977, Consumers Power Company submitted a Motion setting up their understanding of the schedule for the Findings' of Fact and Conclusions of Law.

Consumers indicated that their primary Findings were due June 13, 1977.

While we believe that Consumers' Findings were due on June 10, 1977, the matter is essentially moot since Consumers filed their Findings on June 13, 1977, although Findings were mailed to us rather than 3-copy delivery which we had requested.

Accordingly, under the rules, we have 14 days from June 13, or June 27 plus 3 days for mailing, or June 30, and we shall try to get in our Findings even before that.

In Consumers' Motion they set forth that their Rebuttal Findings were due July 14,1977..ln a letter dated Jun~e 2, 1977, I called to the Board's attention that Consumers' Findings, in accordance with 2.754 (b) (3) were in fact due 5 days after service of our Findings.

That would mean Consumers' Findings (since we shall serve our Findings by messenger) will be due no later than July 5, 1977, and not the July 14 date which Consumers sets forth -

in their Motion.

I asked the Board to clarify this, but as yet this has not been done.

See Tr.

p.

61G5 for the reference to 2.754.

I also enclose a Motion asking for an additional period of time within which to respond to Consumers' and the Staff's i

Motions with respect to evidence.

Respfctfully, I

i V

Cherr/

I My:.pn3 M.

y MMC:es Attbgf.ey for All Int enors enclosure excepc Dow Chemical Company j

cc:

Dr. Emmeth J. Luebke r r. J.

Venn Leeds, Jr.

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