ML19331A452

Forwards M Cherry 770321 Ltr to Sj Chilk.Requests Aslab to Reconsider Financial Assistance Denial in ALAB-382

ML19331A452
Person / Time
Site:	Midland
Issue date:	03/21/1977
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER
To:	Duflo M NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML19331A454	List: ML19331A452 ML19331A456
References
ALAB-382, NUDOCS 8007170700
Download: ML19331A452 (1)

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MYRON M. CHERRY ( g:p Y ONC ISM PLAZA CHICAGO. lLLINots 6o611 ]

MAR 2 41977 > $

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MiW I March 21, 1977  % uo Margaret Du Flo Secretary of the Commission U. S. Nuclear Regulatory Commission Washington, D. C.

Re: Midland Hearings Docket Nos. 50-329 and 50-330

Dear Miss Du Flo:

I enclose a self-explanatory copy of a letter to Mr.

Chilk.

As is evident from the P.S. of that letter, there appears to be a procedural conundrum which I would hope in the interest l of justice would be unraveled as soon as possible. .

If the Order of Referral of the Commission dated March 18, 1977 has expressly covered the question of financial assistance, then the Appeal Board is authorized to consider the certification as if it were the Commission. This the' Appeal Board did not do (see ALAB-382 at pages 6-7) .

Accordingly, I would ask the Appeal Board to reconsider l

its denial of financial assistance in ALAB-382 and treat the matter as if it were the Commission.

Res ectfully,

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/ VU My n M. Che ry At orney for All Int rvenors ex pt Dow Chemical Company MMC:es enclosure cc: Michael C. Farrar, Chairman Dr. Lawrence R. Quarles Richard S. Salzman, Esq.

Frederic J. Coufal, Esq.

Dr. Emmeth J. Luebke Dr. J. Venn Leeds, Jr.

Lawrence Brenner, Esq.

Mr. C. R. Stephens v @ 07170 7 @ O David J. Rosso, Esq.

R. Rex Renfrow, III, Esq.

Lee F.Nute o Es@. .__ . .