ML19331A531
| ML19331A531 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 02/22/1977 |
| From: | Cherry M AFFILIATION NOT ASSIGNED, CHERRY, M.M./CHERRY, FLYNN & KANTER |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8007180629 | |
| Download: ML19331A531 (3) | |
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UNITED STAT 2 OF AMERICA eI#
I NUCLEAR REGULATORY COMMISSION e
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BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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DOCKET NOS. f x CONSUMERS POWER COMPANY
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50_329
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50-330 (Midland Plant, Units
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1 and 2)
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OPPOSITION TO NRC STAFF'S MOTION FOR DIRECTED CERTIFICATION j 's)-7 )
Under date of February 18, 1977 the Staff renews its Motion for Certification of the Licensing Board's rulings con-cerning exclusion of witnesses.
We oppose.
We believe that the record already before the Licensing Board (including those parts which have been reviewed by the Appeal Board) showsunquestionably that the Licensing Board acted within its discretion to control the course of the hearing.
The record below discloses multiple events of a lack of candor on behalf of both Consumers and the Regulatory Staff, as well as a " benign" neglect on behalf of Dow.
The Licensing Board was and still is in the best position to determine what rules have to be applied in order to insure a truthful hearing.
The The Licensing Board's judgment is fully justified..Furthermore, the issue here is not novel nor unique ani does not require Appeal Board action.
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T For the above reasons, the Appeal Board should deny directed certification.
Respectfully submitted,
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Attorney por alljIntervenors'excent Dow Chegibal Company c4 m
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MYRON M. CHERRY 9
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One IBM Plaza Suite 4501
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q CERTIFICATE OF SERVICE c
03 I hereby certify that copies of OPPOSITION TO NRC STAFF'S MOTION FOR DIRECTED CERTIFICATION in the above-captioned proceeding, have been served on the following by deposit in the United States mail, first class, this 22nd day of February, 1977:
Michael C. Farrar, Chairman Dr. J. Venn Leeds, Jr.
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Atomic Safety and Licensing 10807 Atwell Appeal Board Houston, Texas 77096 U.
S. Nuclear Regulatory Commission Washington, D.
C.
20555 Dr. Emmeth A. Luebke Atomic Safety and Licensing Dr. Lawrence R. Quarles Board Panel Atomic Safety and Licensing Appeal U.
S.
Nuclear Regulatory Com-Board mission U.
- 3. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 Lawzence Brenner, Esq.
Richard S.
Salzman, Esq.
U.
S.
Nuclctr Regulatory Atomic Safety and Licensing Appeal Commission Board Washington, D. C.
20555 U.
S. Nuclear Regulatory Commission Washington, D.
C.
20555 David J.
Rosso, Esq.
R.
Rex Renfrow, III, Esq.
Frederic J. Coufal, Esq., Chairman Isham, Lincoln & Beale Atomic Safety and Licensing Board One First National Plaza Panel Suite 4200 U.
S. Nuclear Regulatory Commission Chicago, Illinois Washington, D.
C.
20555
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Mr. C.
R.
Stephens Docketing and Service Section Office of the Secretary U.
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Nuclear Regulatory Commission Washington, D.
C.
20555 7
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'Myron M.
Cherry j'
Attorney for All Intervenors Except Dow Chemical Company
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