ML19331A450
| ML19331A450 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 12/08/1971 |
| From: | Reis H LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Murphy A Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007160985 | |
| Download: ML19331A450 (3) | |
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law Or rIC E S LowExsrEIx, NEwxAx & RErs 1800 CONN ECTICUT AVENU C. N. W.
WASHINGTON. D. C. 2003 6 202,96-7585 RO S t raf LO*ENSiteN JACM st. N EW M AN M AROL D r. R CIS December 8, 1971 m.
Hon. Arthur W. Murphy, Chairman Atomic Safety and Licensing Board THiS DOCUMENT'CONTAIN Columbia University School of Law Box 38, 435 West 116th Street POOR QUAUTY PAGES New York, New York 10027 Re:
In the Matter of Consumers Power Company Midland Plant, Units 1 and 2 Docket Nos. 50-329 and 50-330
Dear Chairman Murphy :
In their December 3rd response to Mr. Wessel's draft order of November 24, 1971, which is nowhere entitled a' motion, counsel for the Mapleton Intervenors included the paragraph:
"Mapleton requests (and this may be
.deemed a motion to such effect) that it be furnished with all documents which were consulted or relied on by applicant and Staff in preparing their environmental submissions."
We find the parenthetical expression, above, somewhat enigmatic.
At first glance, it might be thought that a motion is, in fact, being made.
However, additional consideration makes it obvious that none of the AEC rules, contained in 10 CFR, Part 2, concerning the filing of motions have been followed:
e.g., place of filing, number of ccpies, form, etc.
Therefore, it appears that no motion has been filed and that the requirements which ordinarily follow a properly filed motion have not been triggered.
In the circumstances, it appears that the Mapleton Intervenors are merely purporting to extend to the Board, albeit in a somewhat offhand manner, the privilege of treating their request as a motion.
In order to avoid any misunderstanding, the Applicant wishes to make it clear that it strongly opposes Mapleton's request or " motion".
Even if the Mapleton Intervenors had G
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, LoWENSTEIN. NEWMAN & hEIS Hon. Arthur W. Murphy, Chairman Atomic Safety and Licensing Board December 8, 1971 Page Two made their request in the form of a motion, there would be.
i no basis for granting it.
A demand for all documents consulted, without any recitation of particularity as to Khow any specific document or group of documents may reasonably be expected to aid Mapleton in its cause, is surely nothing more than a time and money consuming fishing expedition which cannot serve the legitimate end of this proceeding.
Perhaps more important than any of the foregoing is the fact that the language in the parenthesis evidences an attitude of complete disregard for the Commission's rules of practice.
If permitted to go unbridled, such an attitude must result in a formless, uncontrolled and inordinately lengthy proceeding.
The Applicant recognizes that relaxation of strict procedural rules may frequently be appropriate in administrative proceedings and has no objection to such re-
-laxation where it affirmatively serves _the underlying fact-finding and policy making objectives. 'However, those objec-tives cannot be served if counsel or parties are encouraged or allowed to behave in a totally undisciplined manner.
We therefore strongly urge that the Board make it clear that it will hereaf ter enforce the procedural rules in a manner which prevents intervention from being utilized as a license to disrupt.
Copies of this letter.have been sent to all of the individuals whose name appears on the attached list.
Sincerely,
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Harold F. Reis HFR/br Attachment e
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'.. *LowrNsrrIN. Nrw.hN 6 '.rIs
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e ATTACHMENT Thomas F.
Engelhardt, Esq.
,llonorable Curtis B.
Beck David E. Kartalia, Esq.
Assistant Attorney General
. Robert Newton, Esq.
State of Michigan Regulatory Staff Counsel 630 Seven Story Office Building' U '.
S. Atomic Energy Commission 525 West Ottawa Washington, D.
C.
20545 Lansing, Michigan
'48913 John K.
Restrick, Esq.
Anthony Z. Roisman, Esq.
linrold P. Graves,.Esq.
Berlin, Roisman & Kessler Vice President and General 1910 N Street, N. W.
Counsel Washington, D.
C.
20036 Consumers Pouer Company 212 West Michigan Avenue James A. l{endall, Esq.
. Jackson, Michigan 49201 Currie and Kendall 135 North Saginaw Road Richard G.
Smith, Esq.
Midland, Michigan 48640 Smith'& Brooker, P.C.
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703 Washington Avenue Milton R. Wessell, Esq.
Bay City, Michigan 48706 Allen Kezsbom, Esq.
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J. Richard Sinclair, Esq.
William A. Groening, Jr., Esq.
Kaye, Scholer, Fiorman, Hays James N. O'Connor, Esq.
and Handler The Dow Chemical Company 425 Park Avenue 2030 Dow Center New York, New York 10022 Midland, Michigan 48640 William J.
Ginster, Esq.
Myron M. Cherry, Esq.
' Suite 4, Merrill Building 109 North Dearborn Street Saginaw, Michigan Suite 1005 48602
. Chicago, Illinois 60602 Irving Like, ~ Esq.
,Reilly, Like & Schneider llonorable William H. Ward
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AlgioA.h?cIls, Esq., Chairman Topeka, Kansas 66612 Atomic Safety and Licensing Dr. Clark Goodman Board Panel Professor of Physics U. S. Atomic Ener'gy Commission University of Houeton
. Washington, D. C.
20545 3801 Cullen Boulevard Houston, Texas 77004
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. Stanley T. Robinson, Esq.
Chief, Public Proceedings' Branch Dr. David B.
Hall Office of the Secretary of Los Alamos Scientific Laboratory the Co.mmission P. O. Box 1663 U. S. Atomic Energy Commission '
Los Alamos,.New Mexico Washing ton,
D.
C.
20545 o
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