ML19331A307
| ML19331A307 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 09/14/1977 |
| From: | Engelhardt T NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Tooher J AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML19331A308 | List: |
| References | |
| NUDOCS 8007160889 | |
| Download: ML19331A307 (4) | |
Text
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Docket Nos.,-
50-330 THIS DOCUMENT CONTAINS P00R-QUAUTYPAGES Mr. J. Les11e Tooher l
i 1450 Valencia Road E
l Schenectady, New York 12309
Dear Mr. Tooher:
l 1
i l
This is in response to your letter of August 23, 1977 to the Chairman l
of the Nuclear Regulatory Comission, requesting that Mr. Myron Cherry i
be pennitted to continue to cross-examine witnesses in the public hearings being held concerning continued construction by Consumers Power Company I
of the Midland Nuclear Plant. Your letter also expressed concern over the Staff's motion to censure Mr. Cherry.
t The Chaiman has requested that I respond to your inquiry since the matter you raise involves an ongoing pmceeding in which decisions made by the presiding Licensing Board may come before the Comission for a l
final ruling. In these circumstances, it would be inappropriate for the Chairman or any member of the Comission to coment on your concerns.
The hearing.to which you refer was held to detemine whether continued construction of the Midland facility should be pemitted in light of the decision by the Court of Appeals for the District of Columbia Circuit in Nelson Aeschliman, et al. v. U. S. Nuclear Regulatory Comission, 547 F.2d i
622 (D.C. Cir.,1976). Tn that decision, the Court directed the Comission 1
to re-examine certain issues which had been inadequately dealt with in connection with the original issuance of the Midland facility construction pennit.
i The hearing to which you refer comenced on November 30, 1976, and continued intemittently until conclusion on May 13, 1977. The Comission designated Atcaic Safety and Licensing Board (Board) now has the record before it for a decision. At this hearing, Mr. Cherry represented all intervenors other than Dow Chemical Co. Mr. Cherry participated actively in the proceeding.
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He cross-examir.ed a number of witnesses at the hearing, both of the NRC Staff and Consumers, and presented expert testimony on behalf of his clients. At no time in the proceeding did any party suggest that Mr.
Cherry's right to cross-examination be curtailed. On occasions, both 3
Consumers and the NRC Staff objected to certain questions or areas of i
inquiry which were argued to be irrelevant and beyond the scope of the issues the Board was convened to consider. In some instances, the Board gf 1
sustained such objections. In others, it overruled them. Such arguments as to the extent of cross-examination are commonplace in any adjudicatory em.eeu ms.
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As to your concerns regarding the censuring of Mr. Cherry, no action has been taken by the Board or the Comission. For the background and current status of this matter, I am enclosing copies of-the NRC Staff motions and Board Orders. The Licensing Board has announced that it will rule upon the censure motion after it has issued its decision on the question i
of interim license suspension.
l I want to reassure you that the NRC Staff has no desire to stifle Mr.
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Cherry's full and effective representation of his clients' interests.
j However, the established canons of ethics for attorneys draw a sharp distinction between vigorous advocacy and conduct which abuses and demeans the presiding tribunal, the parties, or their counsel. We t
believe that this distinction must be observed in "RC hearings if those hearings are to serve their purpose as rational and fair forums for l
resolving disputed issues.
Thank you for expressing your interest in this matter.
Sincerely,
~~
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Original Signed by Thomas F. Engelhardt l
Thomas F. Engelhardt.
Deputy Executive Legal Director e
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Enclosures:
Staff Motion dtd March 25, 1977 Staff Motion dtd June 6, 1977 Board Memorandum dtd June 15, 1977 l
l Appeal Board Memorandum and Order Distribution:
dtd June 29, 1977 R. Hoefling W. Olmstead I
i cc(w/outencls.):
J. Tourtellotte j
Frederic J. Coufal, Esq.
M. Grossman Dr. J. Venn Leeds, dr.
T. Engelhardt Dr. Emeth A. Luebke S. Echols Myron M. Cherry, Esq.
D. Hood Judd L. Bacon. Esq.
0GC Ms. Mary Sinclair PE Harold F. Reis. Esq.
Reg Central
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L. F. Nute. Esq.
LPDR (2)
Mr. Steve Gadler OELD Formal Files (2)
R. Rex Renfrow, III, Esq.
Secy 77-1392 Norton Hatlie. Esq.
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ACTION CONTROL DATES CONTROL NO.
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t COMPL DEADLINE 3p9qfp DATE OF DOCUMENT ACKNOWLEDGMENT O
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CLASSIFICATION l NUMBER OF PAGES CATEGORY POSTAL REGISTRY NO.
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ASSIGNED TO:
OATE INFORMATION ROUTING LEGAL REVIEW O FINAL 0 COPv AS$1GNED TO:
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iry.,m,n,: J.
Leslie Tooher From: 1450 Valencia Rd.
Schenectadv. N N.
12109 To: Rowden D.te R/71/77 tebiect ExDressing opinion that Myron Cherry :should be allowed to continue cross examinations in Dow Chemical-Consurner PcNer proceeding (Midland)
O Fr.o.r. r oir or s.m.tur. or:
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