ML19331A456

Ack Receipt of Commission 770318 Order & Aslab 770318 Decision in ALAB-382.Awaits Financial Assistance Decision. Restates Request for Financial Assistance on Behalf of Mapleton & Saginaw Valley Intervenors

ML19331A456
Person / Time
Site:	Midland
Issue date:	03/21/1977
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML19331A454	List: ML19331A452 ML19331A456
References
ALAB-382, NUDOCS 8007170702
Download: ML19331A456 (2)

Text

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$ p LAW O F ra C E S MYRON M. CHERRY O N C 18 h4 PLAZA CHICAGO. ILLINots 6o611 0 g

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{ g*g March 21, 1977 Yp ' 4 '

1 f.?- f SPECIAL DELIVERY d 4 s I'

Samuel J. Chilk Secretary of the Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Re: Midland Hearings Docket Nos 3 & snd 50-330

Dear Mr. Chilk:

I hava received a copy of the' Commission's Order dated March 18, 1977, as well as the Appeal Board's decision in ALAB-382 of de same date also in the Midland case.

We are still awaiting the Commission's decision on our financial assistance question. As the Appeal Board stated at page 7 of ALAB-382, the Appeal Board is bound by the Commission's policy statement and thus any deviance from the policy statement in order to grant us financial assistance must be addressed by the Commission itself.

The Appeal Board notes in footnote 6 of ALAB-382 that we may not have made a proper showing of need. This is flatly untrue. We will not be funded by the United Auto Workers or the l Sierra Club and neither of those organizations have been active in these remanded proceedings. At some point much earlier in these proceedings in 1971, we received a donation from the UAW, but as i indicated neither of those two organizations are active herein and they are not funding us, g The suspension hearing is being carried solely by citizens groups who have relied on fund raising which, as noted in my earlier letters, has now failed to produce any further sums.

I shall be glad to file any additional matters by affi-davits, but it seems to me that we are entitled to Commission action on our request or at the least a referral to the Appeal Board so that it may exercise the authority of the Commission so we do not get bound up in the procedural problems in ALAB-382.

8007170 7 0

T Samuel J. Chilk Page Two March 21, 1977 Just so the record is clear, I am representing, and the request for financial assistance was made on behalf of, the Mapleton Intervenors and the Saginaw Valley Intervenors, which include only citizens groups. I did not make the request on be-half of any other group and I am not representing any other groups in these suspension proceedings.

Since ely, JM Myr, i

M. Cher y

// V Att4 ey for 11 Inte enors exc t Dow Chemical ompany MMC:es 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 /

David J. Rosso, Esq.

l R. Rex Renfrow, III, Esq.

Lee F. Nute, Esq.

P.S. After writing this letter, I have been informed by the Commis-sion (through Mr. Combs, who asserted he was acting for Mr.

t Strauss) that the Commission believes its Order of Referral of March 18, 1977 covered the financial assistance question.

If that is true, then we ask the Appeal Board, by copy of letter enclosed, to deal with the fina,ncial assistance question as if it were the Commission an re-examine the special circum-stances here. c__s J

J l

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