ML19331A471
| ML19331A471 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 03/21/1977 |
| From: | Erin Kennedy SENATE, JUDICIARY |
| To: | Rowden M NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8007170720 | |
| Download: ML19331A471 (5) | |
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__3 33g C),3 March 21, 1977 50 t-S
.9 Honorable Marcus A. Rowden (M
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$@gi gO Nuclear Regulatory Commission J/
1717 H St.,
N.W.
4h Room 1114 4
t Washington, D.C.
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Dear Chairman:
ru I am writing to you in reference to a matter that was recently brought to my attention concerning the Con-sumers Power Company (Midland Plant) proceeding now being conducted by an Atomic Safety and Licensing panel.
During the last eighter.1 months I have been devoting a good deal of my energy to developing legislation that will permit agencies to provide financial assistance to impecunious public participants in federal agency pro-ceedings.
I know that the current uncertainty as to the existing authority of federal agencies to provide such assistance has caused a good deal of confusion, and I am hopeful that Congress will act in the near future to settle this issue.
Most of this confusion relates to the extent of the authority of agencies to establish ongoing programs to provide financial assistance to public participants.
There is little dispute, however, as to the authority of agencies to provide assistance to participants whose presence in a proceeding is necessary in order for an agency to be able to discharge its statutory responsi-bilities.
Indeed, the Comptroller General has so stated in two separate opinions concerning the Nuclear Regu-latory Commission itself.
And, according to the Compt-roller General's latter decision (relating primarily to the authority of the Food and Drug Administration), the 8007170 M C L(
m March 21, 1977 Page Two term "necessary" does not mean that participation be
" absolutely indispensable."
All that is required is that it be deemed likely to contribute substantially to a full and fair resolution of the issues involved in the proceeding.
It is my belief that the Consumers Power proceeding--
consistent with the opinions of the Comptroller General--
is a situation wherein the provision of financial assistance to the intervenors in that case who have so i
petitioned is especially warranted.
While I do not want to express any opinion as the substantive merits of positions espoused by these intervenors, I do urge that the Commission act favorably on their request.
Accordir.g to the documents I have seen, the Licensing Board itself has recagnized the value of the contribu-tions made by the attorneys and experts provided by these intervenors, and indicated a disposition toward granting such assistance were it not barred from so doing by the Commission's Order of 12 November, 1976.
Not only has the participation of these intervenors already insured that construction of this facility will be authorized only after full consideration of the re-source. conservation and cost-benefit issues involved, but'they have brought to light significant information t
which had been overlooked by Commission staff and suppressed by other parties involved.
Moreover, these intervenors have borne the full cost of their partici-pation in this proceeding during the several years it has already consumed.
l In light of both the Comptroller General's subsequent reinterpretation (in the FDA decison) of the NRC's authority and the obvious equities of this situation, I would urge that the Commission authorize that financial assistance be provided to these intervenors.
Sincerely,
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EdwardM. Kennedy u
m UNITED STATES OF AMERICA NUCLEAR RECULATORY CO>DIISSION In the Matter of
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CONSUMERS POWER COMPANY
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Docket No. (s) 50-329
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50-330 (Midland Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document (s).
upon each person designated on the official service list compiled.by the Office of the Secretary of the Coe: mission in this proceeding in 2-accordance with the requirements of Section 2.712 of 10 CFR Part Rules of Practice,.of the Nuclear Regulatory Commission's Rules and Regulations.
5 Dated at W shington, D.
this e
day of
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/Rhtazu Officeof,theSecretaryofthe[Co= mission e
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m UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket No.(s) 50-329
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50-330
-(Midland Plant, Units 1 and 2)
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SERVICE LIST l
Frederic J. Coufal, Esq., Chairman j
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Emmeth A. Luebke James A. Kendall, Esq.
Atomic Safety and Licensing Board Currie and Kendall U.S. Nuc1 car Regulatory Commission 135 North Saginaw Road Washington, D.C.
20555 Midland, Michigan 48640 Dr. J. Venn Leeds, Jr.
Judd L. Bacon, Esq.
10807 Atwell Consumers Power Company Houston, Texas 77096 212 West Michigan Avenue Jackson, Michigan 49201 Office of the Executive Legal Director Counsel for NRC Staff William J. Ginster, Esq.
U.S. Nuclear Regulatory Commission Merrill Building, Suite 4 Washington, D.C.
20555 Saginaw, Michigan 48602 Myron M. Cherry, Esq.
{
One IBM Plaza Chicago, Illinois 60611 Harold F. Reis, Esq.
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Lowenstein, Newman, Reis & Axelrad Honorable Curtis G. Beck 1025 Connecticut Avenue, N.W.
Assistant Attorney General Washington, D.C.
20036 State of Michigan Seven Story Office Building Honorable Charles A. Briscoe 525 West Ottawa Assistant Attorney General Lansing, Michigan 48913 State of Kansas l
Topeka, Kansas 66612 Lee Nute, Esq.
Michigan Division Irving Like, Esq.
The Dow Chemical Company Reilly, Like and Schneider 47 Building 200 Weat Main-Street Midland, Michigan 48640 Babylon, New York 11702
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page 2 50-329, -330 s
Anthony Z. Roisman, Esq.
Roisman, Kessler and Cashdan 1025 - 15th Street, N.W.
Washington, D.C.
20005 Joseph Gallo, Esq.
Isham, Lincoln & Beale 1050 - 17th Street, N.W.
Washington, D.C.
20036 David J. Rosso, Esq.
R. Rex Renfrow, III, Esq.
Isham, Lincoln & Beale One First National Bank Plaza Chicago, Illinois 60603 Ms. Mary Sinclair 5711 Summerset Street Midland, Michigan 48640 Mr. Steve Gadler, P.E.
2120 Carter Avenue St. Paul, Minnesota 55108 Grace Dow Memorial Library 1710 West St. Andrew Road Midland, Michigan 48640 l
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