ML19331A423
| ML19331A423 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 08/15/1974 |
| From: | Mark Miller CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007160972 | |
| Download: ML19331A423 (5) | |
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Construction Permits CONSUMERS POWER COMPANY
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Nos. 81 and 82 (Midland Plant, Units 1
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and 2)
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MEMORANDUM OF CONSUMERS POWER COMPANY IN OPPOSITION TO MOTION FOR EXTENSION OF TIME Licensee Consumers Power Company opposes the request of the Saginaw Group for additional time within which to file its proposed findings of fact and conclusions of law.
The Saginaw Group did not in any way participate in the formula-tion of the evidentiary record in this proceeding.
Its in-volvement in this proceeding has been limited to a half-hearted participation in the discovery process and an appearance through counsel at two pre-hearing conferences.
Indeed, the Saginaw Group's failure to comply with discovery requests and portions of the pre-hearing order, as well as its failure to appear at the evidentiary hearing, warrant its dismissal as a party to this proceeding.
The Licensing Board has presently pending before it a motion by Consumers Power Company requesting that such dismissal be ordered.
Under these circumstances, any delay in filing the proposed findings of fact and conclusions of law is unwarranted.
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. All other parties have filed their proposed findings and conclu-sions by the date specified in the Board's order entered at the conclusion of the evidentiary hearing.
Thus, to grant the re-quested motion would enable the Saginaw Group to tailor its proposed findings, not to any evidence in the record which it adduced, but rather to respond to the proposed findings filed by other parties.
Reply findings will inevitably be required, and the termination of this proceeding will be unnecessarily delayed.
Finally, the Saginaw Group offers no justification for the requested extension of time,
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'r than the fact that its counsel is " working without fees" and it would be a hard-ship not to grant the requested additional time. -Such a statement is no more than a reiteration that the Saginaw Group is indigent and, therefore, entitled to special consideration in this pro-ceeding.
No representations are made about the counsel's other commitments, nor is any reason given why he could not have filed proposed findings and conclusions within the time specified by the Board..The fact that he is working without fees is irrele-vant.
The Commission has decided that members of the Saginaw Group, the United Automobile Workers and the Sierra Club, have funds available to pay the costs of participating in this pro-ceeding.
Those entities have chosen not to do so, but that fact does not render the Saginaw Group indigent and, in any event, is no excuse for tardiness in filing the proposed findings
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of fact and conclusions of law.
Indeed, the motion for an exten-sion of time was served by mail on August 12, 1974, the date on which the proposed findings of fact and conclusions of law were due.
The Appeal Board has expressly disapproved this practic and required motions for extension of time to be received by it no later than one day prior to the due date of the substantive document.
Failure to follow this practice in connection with any motion for an extension of time
[provides] a sufficient basis, in and of itself, for denying the-motion."
(Emphasis in original)
In the Matter of Louisiana Power & Light Co. (Waterford Steam Electric Station, Unit 3) (ALAB-ll7) RAI 73-4, pp. 261-62 (1973' Respectfully submitted, Michael I. Miller /
One of the Attorneys for Consumers Power Company DATED:
August 15, 1974 ISHAM, LINCOLN & BEALE One First National Plaza, Suite 4200 Chicago, Illinois 60670 (312) 786-7500
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e UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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v In the Matter of
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Construction Permits CONSUMERS POWER COMPANY
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Nos. 81 and 82 (Midland Plant, Units 1
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and 2)
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NOTICE OF FILING AND PRCOF OF SERVICE TO:
Michael Glaser, Esq., Chairman Atomic Safety and Licensing Board 1150 17th Street, N.W.
Washington, D.
C.
20036 Mr. Lester Kornblith, Jr.
Atomic Safety and Licensing Board Panel U.S.
Atomic Energy Comission Washington, D.
C.
20545 Dr. Emmeth A. Luebke Atomic Safety and Licensing Board Panel U.S. Atomic Energy Commission Washington, D.
C.
20545 Secretary U.S. Atomic Energy Commission ATTN:
Mr. Frank W. Karas Chief, Public Proceedings Staff Washington, D. C.
20545 Mr. James P. Murray, Jr.
Chief, Rulemaking & Enforcement Counsel U.S. Atomic Energy Commission Washington, D. C.
20545 John G..Gleeson, Esq.
The Dow Chemical Company 2030 Dow Center Midland, Michigan 48640 M-m DO 4
. Myron M. Cherry, Esq.
Jenner & Block One IBM Plaza Chicago, Illinois 60603 Laurence M. Scoville, Jr.
Clark, Klein, Winter, Parsons
& Prewidt 1600 First Federal Building 1001 Woodward Avenue Detroit, Michigan 48226 PLEASE TAKE NOTICE that I have this day filed with the Atomic Energy Commission the Memorandum Of Consumers Power Company In Opposition To Motion For Extension Of Time, a copy of which is hereto attached and herewith served on you.
Michael I.
Miller One of the Attorneys for Consumers Power Company DATED: August 15, 1974 Isham, Lincoln & Beale One First National Plaza, Suite 4200 Chicago, Illinois 60670 (312) 786-7500 l
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