ML19331A874
| ML19331A874 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/24/1972 |
| From: | Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER |
| To: | Murphy A Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19331A875 | List: |
| References | |
| NUDOCS 8007230907 | |
| Download: ML19331A874 (2) | |
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's Arthur W. Murphy, Esq., Chairman Atomic Safety and Licensing Board Columbia University School of Law Box 38, 435 West 116th Street New York, New York 10027 Re:
Consumers Power Company (Midland Plant Units 1 and 2) - Docket Nos. 50-329 and 50-330
Dear Chairman Murphy:
We enclose our response to Dow Chemical's motion to consolidate.
We urge that the motion to consolidate be denied.
We note that we had filed pursuant to your request a written motion with respect to the hearing beginning at a time
' hen I and my clients could not appear.* There was no decision on that motion prior to the hearing (and to my knowledge, no ciecicion yet) and, accordingly, no certification to the Commission, as we requested.
In view of the fact that our rights to participate in t.he hearing are critical and crucial to us, we..re entering our protect tnat the Board did not decide our written motion prior to the hearing, did not certify the question to the Commission and did not follow the Administrative Procedure Act, 5 U.S.C.
Section 554(b), which provides, inter alia:
"In fixing the time and place of hearing, due regard shall be had for the convenience and necessity of the parties or their representa-tives."
It seems very strange to us that, after two years of nrenaration and participation by Saginaw, the hearing is suddenly ncheduled at a time when it is inconvenient to the intervenors I
- This motion alco included a reference to ECCS issues and was dated and filed on May 8, 1972.
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Arthur W. Murphy, Esq.
May P4, 1972 Page two represent and myself; that the Board fails to decide a motion wnich the lionrd requested at the prehearing conference of April P8, L(f/P that we file in writing; that the Board failed to ccek the advice of the Commission in this novel and crucially 1 nportant circumstance; and that now the Board is seriously enter-taining a motion bl Dow Chemical to consolidate us with an inter-venor which does n at have interests which coincide with ours.
We cannat understand this series of events and are quite perplexed that the administrative process can so cavalierly operate to disco'arage (and even prohibit) public participation.
We respectfully request that the Board reconsider the entire matter and effer the enclosed Affidavit in opposition to Dow's motion to consolidate as further support.
Respectfully, r,
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Myron M. Cherry Enclosures cc:
Dr. Clark Goodman Dr. David B. Hall All Counsel of Record Cecretary, USAEC