ML19331A324

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Informs That Environ Defense Fund,Inc Counsel Did Not Attend 710607 Prehearing Conference Due to ASLB 710518 Order Ruling That Environ Issues Must Await Fes Receipt
ML19331A324
Person / Time
Site: Midland
Issue date: 06/09/1971
From: Roisman A
BERLIN, ROISMAN, KESSLER & CASHDAN, ENVIRONMENTAL DEFENSE FUND
To: Murphy A
Atomic Safety and Licensing Board Panel
References
NUDOCS 8007160901
Download: ML19331A324 (2)


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Arthur W. Murphy, Esq., Chairman

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Columbia University School of Law' Box 38 435 West 116th Street New York, New York 10027 Re:

Consumers Power Compe.ny (Midland Units No. 1 and 2)

Docket Nos. 50-329/50-330

Dear Mr. Chairman:

I understand that at the June 7 pre-hearing conference some concern was expressed by the Applicant because I was not present.

The reason for my absence is that at this time, as a result of the Board's rulings, EDF has no further case to present.

Our Motions with respect to the invalidity of Apoendia:

D and with respect to an of for of proof on that issue ba /e been denied.

In its order of May 18, 1971, the Board ruled t'aat the manner of handling environmental issues must await receiot of the final detailed environmental statement.

On June 4,

1971, EDF filed its comments on the draf t enviocnmental statement in order to facilitate the preparation of the final statement by the AEC.

Thus we,like the Board, are waiting to sco the final detailed statement before we proceed 'further.

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We cannot under.s t.imi why Applicant is so exercised over our failure to attend the June 7 pre-hearinti conference.

In the letter of June 1 there is no suggestion that environ-mental issues should be the subiect of discussion at the June 7 conference.

%DF cannot upond its funds to attend nre-hearina conferences at whico no innen enised by it can or will Sc

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discussed.

Obvious.ly when it:0 detai '.ed environ: ental sta tement is filed we will have set;uthi.ng to sr.y on the subject and if a conference on the r.iatLor is necessary we will be glad to attend.

As f ar as our challen:;< n to Annondix D rre conccrr.ed we re-spectfully ro.ncrc-r' t i-pur ar- ' '3e at: pol le.to rerredies guaranten:../ r.h e., ' c : i i <.- :no n. y

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EDF does not intend t.o n.rticipal.e in the hearing until such time os environmen tn L !.ssues are invc' res' or the issue of compliance with I.p:;enci:< D is raisce.

Sincerely,

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Anthony.". 9eiman Cconsel for the 1:n cironnental De'ense Tun 2, Inc.

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